Michael Tillman alleges that Chicago police detectives working under Lt. Jon Burge tortured him until he confessed to rape and murder in 1986. The settlement will remove the county as a defendant in the lawsuit, leaving Burge, the officers, the city, and former Mayor Richard Daley as defendants.
]]> Tillman spent more than 23 years in prison for the crimes. In January 2010, he was freed after a special prosecutor determined that Tillman’s conviction was based on “coerced statements.”In 2011, Burge was convicted of perjury and obstruction of justice for lying during a civil suit, claiming he never used torture to obtain confessions, or even knew that torture was occurring. He is currently serving a term in federal prison. The city has reportedly spent over $30 million in legal fees and settlement payments stemming from suits claiming torture under Burge.
Former Mayor Daley is accused of covering up the use of torture during his time as both the state’s attorney and the mayor. Daley has denied the allegations. The city has paid for his defense as well.
Tillman is probably suing Daley and the city under the doctrine of respondeat superior. Under the doctrine, an employer can be held liable for the wrongdoings of an employee if they were committed within the scope of employment.
In certain circumstances, an employer can be held liable for even the intentional wrongs of an employee if they were committed, at least, in part on the employer’s behalf. Tillman is likely arguing that Burge and his detectives committed the alleged acts of torture for the benefit and safety of the city, making the city liable under respondent superior.
Last year, Michael Tillman won a federal court ruling that kept former Mayor Richard Daley as a defendant in the police torture suit. A deposition of Daley is scheduled for July 13.
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Bertha Khoshaba claims that ever since a new neighbor moved into her East Randolph Street apartment building three years ago, Khoshaba has had trouble sleeping. She’s now suing in order to quiet her neighbor and get some rest.
]]> According to the suit, Khoshaba has been living in the building for over 20 years. When a new neighbor moved in the apartment above her, she began hearing the sounds of “drilling, sawing, intentional foot stomping, hammering and the dropping of heavy objects” between 1 and 4 a.m.Khoshaba complained to her neighbors and to her condo association, but received no relief. According to her suit, she started sleeping on her living room couch and at a neighbor’s apartment to avoid the noise.
Khoshaba claims to be suffering from blood pressure problems and other conditions as a result of the lack of sleep. According to the suit, she’s been hospitalized seven times since the noises began.
Khoshaba is probably claiming a negligence cause of action. In a personal injury suit for negligence, a plaintiff must show that the defendant owed a duty of care to the plaintiff, and in breaching that duty the defendant injured the plaintiff.
Khoshaba will likely argue that her neighbor owes her a duty to remain quiet in the early morning hours, and that by breaching that duty the defendant has caused the 94-year-old woman to suffer health problems.
“No decent person continues to make hammering, sawing, drilling, and banging noises between 1 and 4 a.m. in a large condo building, especially with a sick elderly woman living right below him,” Bertha Khoshaba’s suit states. Hopefully the suit will give Khoshaba a respite from the constant racket.
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According to the lawsuit, the abuse occurred between 1981 and 1984. The victim claims that the molestation caused him to suffer severe emotional trauma.
]]> According to the lawsuit, the archdiocese had been notified that the accused priest was sexually molesting young boys, yet took no action. In addition, the suit claims that the archdiocese concealed the abuse from the police, parishioners, and the victim’s family.The victim is likely suing the Chicago Archdiocese for a negligence cause of action. In a negligence suit, a plaintiff must show that the defendant owed him a legal duty, and the defendant’s breach of that legal duty directly led to the plaintiff’s injury.
Here, the man will likely claim that the archdiocese not only had a duty to investigate the claims of child molestation, but also to ensure the safety of minors who were under the archdiocese’s supervision. The victim must then show that he suffered harm as a direct result of the archdiocese’s failure to perform that duty.
As the man suffered severe emotional trauma as a result of the molestation, he may sue the archdiocese for the intentional infliction of emotional distress as well. That would require him to show that the priest’s extreme conduct intentionally or recklessly caused the man severe emotional distress. Considering that sexual molestation of a teenager is both extreme and reckless behavior, the victim likely has a good claim.
According to the lawsuit, the accused priest has been employed by at least four parishes in the Chicago area and was ordained in or around 1974.
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More than a dozen officers are facing allegations, including excessive force and failure to intervene, over a barroom brawl that broke out between off-duty officers and four men playing pool at the Jefferson Tap & Grille in December 2006.
]]> Barry and Aaron Gilfand, Adam Mastrucci, and Scott Lowrance were playing pool at the bar on the night the incident took place. Six off-duty Chicago police officers were also at the bar, after attending a Christmas party. One officer, Paul Powers, was reportedly in a bad mood and had to have his gun taken from him by the other officers.At around 3:30 a.m., a fight broke out between the two groups. According to the four men, they were assaulted after one of the officers said, “Game over,” while pushing the pool balls into the table’s pockets. When officers responded after the bar called 911, the off-duty officers allegedly waved them off.
The Cook County state’s attorney charged Powers and two other officers with aggravated battery for the attack. However, all three officers were acquitted of the criminal charges.
At the civil trial, the jury was shown a surveillance video that captured the fight. ”You see in the video the arrogance inside and outside [the bar],” Christopher Smith, the plaintiffs’ attorney, said. “Knowing they could get responding officers to turn a blind eye.”
The intentional tort of civil battery involves an intentional touching or application of force to another person’s body in a harmful or offensive manner without his or her consent. If the allegations against the off-duty officers are true, they could be held liable for civil battery.
The on-duty officers who responded to the call will likely argue qualified immunity, a defense that protects government officials from liability for the violation of a person’s rights.
At the trial, Brian Gainer, an attorney for the officers, painted a different picture of the fight at Jefferson Tap & Grille. “This is mutual,” Gainer said. “Pushing, shoving, grabbing, holding. This is not a one-sided attack.”
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Matthew Leone, bassist for Madina Lake, was reportedly brutally beaten when he tried to stop Pivec from assaulting Pivec's wife in 2010. Although Pivec was acquitted of the criminal charges, Leone may wish to file a civil suit against Pivec to recover his considerable expenses.
]]> On the early morning of June 29, 2010, Pivec allegedly had pinned his wife against a fence on West Ohio Street and was choking her. Leone tried to intervene when he heard the bloodied woman calling for help.When Leone approached, Pivec reportedly punched the man in the face. Leone fell to the ground, and Pivec began kicking the man around 10 times in the head and face. Leone suffered massive head injuries and had to have a third of his skull removed to relieve pressure on the brain, according to prosecutors.
While both criminal cases and civil suits can stem from the same incident, there are important differences between the two actions. A criminal case is brought by the government against an individual accused of a crime, while a civil suit is brought by an individual against a person who has failed to carry out a legal duty. While a sentence in a criminal case is meant to punish the convicted individual, damages in a civil suit are meant to compensate the plaintiff for the injury suffered.
If the alleged facts are accurate, Pivec may be liable to Leone for the intentional tort of battery. Battery is defined as the intentional touching, or application of force, to the body of another in a harmful or offensive manner, without the person’s consent.
Last July, fellow Chicago band The Smashing Pumpkins held a fundraiser for Matthew Leone. The domestic battery case against Justin Pivec is set to go to trial on July 27.
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On May 10 of last year, 44-year-old Carolyn A. Grey was driving west on U.S. 6 in Channahon. According to police, a semi-trailer hit Grey’s SUV near Bell Road, forcing the vehicle into a pole.
]]> Grey was pronounced dead at the scene of the accident, according to authorities. Her two children who were in the SUV with her were injured in the accident.Grey’s family filed the lawsuit against the truck driver Michael Duffy and his employer, Estes Express Lines Inc. Although it hasn’t been reported, it’s likely that the family is suing the driver for negligence. According to Will County court records, Duffy was never cited for the crash.
The lawsuit also names Channahon as a defendant, claiming that the pole that Grey’s SUV was pinned against should’ve collapsed. According to the suit, if the pole had collapsed, the force of the impact would’ve been diminished.
The wrongful death suit is seeking more than $1 million in damages. Pecuniary, or financial, injury is generally the main measure of damages in a wrongful death action. Pecuniary damages often include loss of support from wages or otherwise, lost prospect of inheritance, and medical and funeral expenses. In calculating damages, the court will likely look at Grey’s salary as an ICU nurse at Provena Saint Joseph Medical Center and multiply it by the projected number of years she would’ve worked had she lived. The family may also claim damages for loss of companionship or consortium.
In suing Estes Express Lines Inc., the family of Carolyn A. Grey is likely arguing respondeat superior, a doctrine that makes an employer liable for the wrong of an employee if the act was committed within the scope of employment.
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Maya Hirsch was killed in 2006 when a car struck her while she was crossing the street at Lincoln Park West and Belden Avenue. The girl’s death sparked an effort by traffic safety advocates to push for better cross walks and traffic control markings.
]]> Hirsch’s parents, David Hirsch and Danit Steinbach Hirsch, brought a wrongful death suit against the city, claiming the city had been negligent in improperly placing stop signs and traffic control markings at the intersection and allowing them to deteriorate. Neither the city’s law department nor the Hirsches’ attorney have disclosed any of the terms of the settlement the two parties recently reached.The Hirsch’s suit also named 57-year-old David Roth, the driver who struck Maya Hirsch, her mother, and her 5-year old brother before driving off. Roth had a history of traffic offenses, even though he once worked as a driving instructor. He died in prison in 2008 while serving an 8-year sentence for the fatal hit-and-run. The Hirsch’s have also settled with Roth’s estate.
Generally, wrongful death suits are brought by the family of a person or persons who were killed as a result of the negligence of another person or entity. While when an adult dies the pecuniary loss to family is easily calculated according to the decedent’s earnings, when a child is killed damages are determined in a different manner. In calculating pecuniary injuries, courts will take into account the deceased child’s age, sex, habits, health, and relationships.
A year after Maya Hirsch was killed, the city reconfigured the traffic safety setup near Lincoln Park Zoo. Had the Hirsches and the city not reached a settlement, the trial would have commenced on Tuesday.
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The wrongful death suit was filed in Cook County Circuit Court on Thursday, the Chicago Sun-Times reports. The suit claims that the window pane at the former Miss Fantasia Boutique on W. 95th St. should’ve been replaced long ago.
]]> On May 24 of last year, Racky was riding his bike near the vacant building. While passing in between a stop sign and the storefront, he placed his hand against the building’s front window, according to the suit. The window collapsed and Racky fell through it, slicing his right thigh to the bone, according to the lawsuit.Racky was pronounced dead at Christ Medical Center. The lawsuit states that the window had not been replaced since the building opened in 1959. In addition, the window had been shot with a BB gun and was taped up with clear packing tape, according to the suit.
A wrongful death suit is often brought when a person is killed due to the negligent misconduct of another person or entity. The family must show that the defendant owed a duty of care to the decedent, and that by breaching that duty of care directly caused the decedent’s death.
Racky’s family is arguing that Karnezis Properties was negligent in failing to replace a dangerous, faulty window, and that negligence directly caused the bicyclist’s death. The company will likely argue comparative negligence, claiming that Racky was negligent in leaning on the glass window.
“It was a time bomb waiting to explode,” Thomas Paris, attorney to Michael J. Racky’s family, recently said. “Anybody could have touched that window and the same thing would have happened.”
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On Thursday, a three-judge panel of the Seventh Circuit Court of Appeals ruled that the mentally ill California woman can sue the Chicago Police Department for releasing her into a high-crime area where she was raped and critically injured in 2006. In 2010, before the trial could start, the city’s lawyers filed an appeal claiming that the police had no duty to take care of Eilman. It took the appellate court over two years to issue its decision.
]]> Police arrested 21-year-old Eilman on May 8, 2006 after she caused a disturbance at Midway Airport while suffering a bipolar breakdown. Instead of taking Eilman to a hospital for mental evaluation, police released her in a high-crime neighborhood where she was sexually assaulted and fell from a seventh-story window. Eilman is permanently mentally and physically disabled as a result of the fall.Eilman’s family filed a negligence suit against the Chicago Police Department in February 2010, but the suit was stalled before the trial could start. The city’s lawyers filed an appeal in federal court, claiming the officers could not be sued due to qualified immunity, a defense that protects the government and officials from lawsuits. Until Thursday, the suit had been stuck in judicial purgatory.
Chief Judge Frank Easterbrook, who wrote the court’s opinion, didn’t agree with the city’s contention. “They might as well have released her into the lions’ den at the Brookfield Zoo,” Easterbrook wrote. “She is white and well off while the local population is predominantly black and not affluent, causing her to stand out as a person unfamiliar with the environment and thus a potential target for crime.” The court denied the city’s appeal, stating that the matter of whether the police acted negligently could go to trial.
In a personal injury suit based on a theory of negligence, the plaintiff must show that the defendant owed her a duty of care, and that the plaintiff was injured as a direct result of the defendant’s breach of that duty of care. Christina Eilman’s lawyers must now show that the Chicago police officers had a duty to take care of the woman, and in dropping her off in a dangerous neighborhood, they breached that duty and caused her injuries.
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According to the lawsuit, filed in Cook County Circuit Court, 32-year-old Reginald Edwards was eating and recharging his wheelchair at a Dunkin’ Donuts on Adams St. when an employee demanded he leave. After Edwards refused, police officers became involved.
]]> Edwards claims that when the two police officers arrived, they pushed his wheelchair out of the shop. They then hit him in the face, the lawsuit states. The police loaded Edwards onto a city bus and took him to the Central District Police Headquarters.At the headquarters, the officers reportedly told Edwards to "wipe the blood off his face and tell [their] supervisor nothing happened to him" or they would charge the man with a felony. After Edwards refused, the officers allegedly shook and struck him, knocking him out of his wheel chair and causing "a catheter to be torn from his genitals" and other injuries. Edwards is seeking damages for what he claims was wanton and willful conduct and false arrest.
Unlike negligence, an intentional tort is based on a willful action by one person that harms another. The intentional tort of civil battery involves an intentional touching or application of force to another person's body in a harmful or offensive manner without his or her consent. If the allegations against the police officers are true, they could be held liable for civil battery. However, the officers will likely argue qualified immunity, a defense that protects government officials from liability for the violation of a person's rights.
Reginald Edwards was later taken to Mercy Hospital for treatment of his injuries. He's been charged with battery and resisting arrest, according to his lawsuit.
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Adkins’ product liability suit seeks more than $5 million in damages from the manufacturer and the retailer. While product liability and wrongful death suits are staples of personal injury law, it’s not every day that such suits are brought on behalf of a pet.
]]> Adkins said he bought the treats on March 11, and soon after eating them, Cleopatra became ill. The dog refused to eat, but gulped down water. A veterinarian told Adkins that the dog’s kidneys were shutting down. Cleopatra died on March 26. Adkins’ other Pomeranian, Pharaoh, refused the treats.The treats consisted of chicken-wrapped yams and were made in China. In 2007, the U.S. Food and Drug Administration issued a “cautionary warning” for dog treats imported from China. As a result of a spike in reports of dogs becoming ill and even dying from such treats, the FDA reissued the warning in November of last year.
The FDA advised pet owners to be on the lookout for symptoms like increased water consumption and decreased activity, both symptoms Cleopatra experienced. However, the FDA has never recalled any of the China-produced treats, as no contaminant has been found in the products.
Generally, product liability law requires that a product meet the ordinary expectations of a consumer. Consumers usually don’t expect a product to have a dangerous side effect or defect. If a consumer is somehow injured as a result of such defect, he may bring a product liability suit against the manufacturer or seller of the product, claiming negligence, strict liability, or a breach of warranty.
In his lawsuit, Dennis Adkins contends that he didn’t give Cleopatra more than the recommended one treat per day and that the dog had no other dietary changes. According to a Walmart spokeswoman, the company has been in contact with the FDA regarding an investigation of the treats.
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In March 2011, Tyree died during a routine procedure at the medical center. His estate claimed that his death was partly due to the negligence of the hospital’s staff.
]]> Tyree was ill with stomach cancer and visited the medical center for treatment. He died after members of the hospital’s staff reportedly improperly removed a catheter during a routine procedure. The Cook County medical examiner ruled Tyree’s death an accident.Tyree’s estate filed a medical malpractice suit against the hospital, alleging negligence on the part of the medical staff. The University of Chicago Medical Center recently signed a settlement agreement, but admitted no fault.
Medical malpractice occurs when a medical professional’s negligent act or omission causes harm to the patient. When the defendant is a hospital, the court often looks at the employee training, safety precautions, and standard of care employed by the hospital. Generally, plaintiffs seek damages for medical expenses, lost wages, and pain and suffering. In wrongful death suits, the decedent’s family may seek damages for loss of consortium as well.
The settlement takes the form of a “gift agreement.” Under the agreement, the University of Chicago Medical Center will donate the settlement proceeds to the James C. Tyree Charitable Foundation, half of which will go to James Tyree’s family and the other half paid out in annual installments to his estate.
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In fact, the legal concept depicted in the Seinfeld episode isn’t a Good Samaritan law at all but the duty to rescue. Generally, there is no duty to rescue - meaning you’re in no way legally obligated to aid someone in need of help. However, there are a few exceptions to this rule.
]]> Here are the three situations in which you have a duty to rescue:If you fail to rescue someone in any of the above circumstances, you may be held liable for their injuries in a personal injury suit.
Illinois, like other states, has no law requiring an individual to render aid to someone who’s in peril. Instead, Illinois’ Good Samaritan Act, like those of most states, protects people who offer aid in emergency situations from legal liability. For example, if a person who nearly drowned suffers bruised ribs as a result of CPR, the Act prevents the person from suing the lifeguard who performed the CPR.
The Act protects Good Samaritans in a number of situations, including offering emergency telephone instructions, providing CPR, and performing the Heimlich maneuver on someone who’s choking. In most situations, however, the defendant must be qualified to perform the services. For instance, in order to be protected from liability for injuries incurred while performing CPR, the Good Samaritan must be trained in CPR.
Don’t let the Seinfeld finale confuse you. Remember: while the duty to rescue requires you to help in the three situations above, Good Samaritan laws protect you from liability once you offer aid.
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The other suit was brought by Karolina Obrycka, a bartender who alleges that off-duty Officer Anthony Abbate beat her. Both civil suits are currently scheduled to commence in October, creating a perfect storm for city attorneys.
]]> Eilman was arrested after she suffered a mental breakdown at O'hare Airport. Instead of placing her in a hospital for psychological evaluation, police dropped her off in one of the citiest highest-crime areas. After wandering into a nearby high rise, Eilman was sexually assaulted and fell from a seventh-story window. As a result, she is permanently mentally and physically disabled.Eilman's suit, filed in 2006, has been stalled for over two years due to a pretrial appeal by the city. U.S. District Judge Virgina Kendall was concerned about the delay, and recently requested an October trial date. The problem, however, is that city attorney Matthew Hund is already scheduled to defend the city against Obrycka's suit in October.
Obrycka's injuries were not nearly as serious as Eilman's. However, her attorneys have spent considerable time collecting evidence of an alleged conspiracy by police officials to cover up the incident in the hours after the reported beating took place. The city contends that it's not liable for Abbate's actions because the officer was off duty at the time.
Under the principle of respondeat superior, an employer or principal may be held liable for the wrongdoing of an employee or agent if it was committed within the scope of employment or agency. As Abbate's alleged acts were committed outside of his working hours and scope of duties, the city's defense may be successful.
Judge Virgina Kendall's insistence that Christina Eilman's suit be pushed up to the same month as Karolina Obrycka's suit against the city, is likely a sign of Kendall's concern over Eilman's diminished condition. "That shows extraordinary concern for the victim in this case," retired federal judge Wayne Andersen said. "That shows she is really focused on helping the victim."
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Two weeks after Cherry’s death, the drug company issued a recall of the concentrated Tylenol Infants Drops following an FDA study that uncovered bacteria contamination in the drugs.
]]> According to Michael and Malgorzata Cherry, Markus was perfectly healthy prior to being given the grape-flavored Concentrated Tylenol Infant Drops in 2010. Three days after taking the medicine, however, the infant was dead.Testing later confirmed that harmful bacteria were present in the medication, the Cherrys’ lawsuit contends. FDA inspectors reportedly identified manufacturing and contamination issues at McNeil Consumer Healthcare plant where the medication was manufactured in Fort Washington, Pa.
The lawsuit claims that instead of issuing a formal, public notice of recall, McNeill did a “stealth recall” of the drug, meaning it hired a private company to simply buy out the entire stock of the drugs from retailers. In their suit, the Cherrys blame the drug company for failing to adequately respond to prior FDA warnings and not notifying consumers about the contamination early on.
The suit claims negligent manufacturing, liability for defects and failure to warn consumers, misrepresentation, and consumer fraud.
Drug manufacturers have a duty to warn their customers about any side effects of a drug when such side effects are known to occur. Manufacturers aren’t required to warn of unknown dangers. However, they are expected to stay abreast of knowledge regarding their products and side effects and update medical professionals and the public about potentially adverse effects.
The Cherrys’ lawsuit seeks at least $350,000 in damages for the death of Markus Cherry. Johnson & Johnson have announced that the contaminated plant that produced the Tylenol Infant Drops will remain closed until 2013.
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