Chicago Personal Injury Attorney Blog

December 7, 2008

A Champaign County judge approved a $1.25 million wrongful death settlement between a University of Illinois student and the Champaign-Urbana Mass Transit District, or MTD as it is known. On September 29, 2005, Sarah Channick was crossing Sixth Street at the intersection of Chalmers when she was struck by an MTD bus. The driver subsequently pled guilty to failure to yield to a pedestrian. The MTD eventually agreed to admit liability, and the parties were preparing for a jury trial on the issue of damages. The family resides in Deerfield, Illinois.

December 5, 2008

On December 10, four women who are either currently or formerly employed by AT &T will take their case to the United States Supreme Court and argue that they were given less "service credit" under their pension plan for taking maternity leave. Their claim is based upon the Pregnancy Discrimination Act, ("PDA"), which prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. AT &T lost its appeal before the Ninth Circuit Court of Appeals. They maintain that their policy of denying service credits before the Pregnancy Discrimination Act was enacted was lawful. Before the PDA was enacted, the company classified pregnancy leaves as personal leaves, not as a disability leave. Today, however, there is no such distinction. A previous case involving Pacific Bell resulted in a 1998 settlement of more than $25 million. A decision in the case could affect as many as 15,000 women.

December 4, 2008

A lawsuit was filed against a former Catholic priest in the Superior Court of Lake County, Indiana, alleging that Richard Emerson sexually abused an 11 year old boy in 2003 and 2004. According to the allegations of the complaint, the Archdiocese of Gary, Indiana was warned 10 years earlier about the priest's inappropriate behavior. At the time Emerson was a priest at St. Thomas More Catholic Church in Munster, Indiana. In a 1992 letter, Bishop Dale Melczek warned Emerson about taking boys on vacation and letting them stay in the rectory. Emerson began serving as a priest in 1978, and was assigned to churches in Hammond, Schererville, East Chicago, LaPorte, Munster and Michigan City. Emerson also served as a priest in Orlando, Florida, but was returned for "giving inappropriate attention to two teens sons of a particular family," according to a 1991 letter from the bishop of Orlando. In 2004, the Orlando diocese became aware of sexual molestation allegations of a man who claimed that Emerson sexually abused him. The Orlando diocese found those sexual abuse allegations credible. In 2006, Emerson was defrocked as a priest. Another Orlando plaintiff filed a sexual abuse suit this year. No criminal charges have been filed against Emerson.

The Illinois Appellate Court has ruled that a West Chicago strip club cannot be dismissed from a wrongful death lawsuit filed by the survivors of a family who was killed in a January 4, 2006 accident. According to the allegations of the complaint, Diamonds Gentlemen's Club permitted patrons to bring their own alcohol into the establishment. John Homatas, a patron of the club, allegedly drank alcohol at the club that night and left in his vehicle. He struck another car, killing two adults and an unborn child. The court held that the club had a duty to the plaintiffs when it ejected Homatas from the club and placed him behind the wheel, knowing that he was intoxicated. Homatas is currently serving a 12 year prison sentence for killing the victims.

November 22, 2008

A Lake County, Illinois woman is suing Waukegan radio station WXLC after allegedly being sexually assaulted on a date she "won" as a result of the radio station's promotion. The woman who filed under a pseudonym to protect her identity, claims that the radio station was negligent in failing to investigate the man and disclose the fact that he had a prior criminal history. The woman who won the contest, went to a Waukegan sports bar and successfully answered a round of questions entitling her to a night on the town. The man promised to take her to House of Blues, but later claimed that he was too tired, and invited her to his house instead. The woman claimed that she was drugged and then sexually assaulted by the man. The man was criminally charged, and pled guilty to criminal sexual abuse in the Circuit Court of Lake County. He received probation as a result of that conviction. The woman's case will likely take one to two years to resolve.

November 20, 2008

New regulations for the Family and Medical Leave Act are on the way. The new laws, effective January 16, 2009, however, may not clarify existing law. The regulations are 750 pages in length. Generally, the FMLA allows one to take 12 weeks of unpaid leave from an employer who employs more than 50 individuals for a serious health condition for the employee or the family member of an employee. The law also requires that the employee be working for at least one year. The revision to the law after employers complained that employees were abusing intermittent leave and after employees complained that they were retaliated against for exercising leave. Among the highlights to the changes in the law are: workers with chronic health conditions will have to certify that they are being treated at least twice a year for that condition; employers will be allowed to demand that employees submit to "fitness for duty" examinations; and employers will be able to consider FMLA absences for purposes of bonuses and other incentive compensation. We expect it will be more difficult for workers to take paid time off during their leaves, and anticipate greater litigation under the amendments.

November 18, 2008

The Illinois Appellate Court held that a former state employee's claim for intentional infliction of emotional distress were barred as a matter of law. The former employee of DCFS, Margaret Cortright, alleged that her supervisors demeaned her and falsely reprimanded her in the late 1990s. The trial court dismissed her complaint because of sovereign immunity and were preempted by the Illinois Human Rights Act. The Appellate Court held that the claim should have been brought in the Illinois Court of Claims. Plaintiff's lawyers generally shy away from bringing cases in the Court of Claims as the maximum recovery that can be had is $100,000. Cortright may have succeeded in keeping her case in the Circuit Court had she been able to allege a violation of a criminal statute. She was unable to do so, and controlling legal precedent required that she maintain her case in the Court of Claims.

A patient who received a transplant at the University of Chicago sued that hospital for medical malpractice, alleging that she contracted HIV and hepatitis C after receiving a kidney from an anonymous donor. The Plaintiff alleges that the hospital knew that the donor was homosexual, but did not disclose that information to her. As of this date, four transplant recipients have been infected. The woman, who received the transplant in January, 2007, claims that she was asked to return to the hospital after the University of Chicago discovered that another organ donor recipient had been infected. The woman's suit contends that the hospital was negligent in failing to advise her of the high-risk donor and for not testing her for three months following the procedure. In July of this year, the woman's body rejected the kidney. She is currently on dialysis waiting for another organ.

November 16, 2008

The Presbyterian ministry has found Reverend Ronald Campbell guilty of sexually abusing an underage girl for four years in the 1980s. The unusual proceeding came about because the statute of limitations for a criminal prosecution against the priest elapsed. The six member panel concluded that the priest had on several occasions abused the then fourteen year old girl while she was a member of First Presbyterian Church of River Forest. During the three day proceeding, the evidence revealed that the priest had a tattoo of the victim's initials enclosed in a heart on his buttocks. Campbell has been suspended from ordination for four years, but can reapply to his ministry once he has apparently demonstrated rehabilitation. In July, 2007, the church paid the woman $150,000 to settle any sexual abuse claim against the church.

Metra has agreed to pay $11 million to the families of two women who were killed when a speeding train derailed in 2005. A Cook County Circuit Court judge approved the settlement. The transit company will pay the estate of Allison Walsh $5 million and the estate of Jane Cuthbert $6 million. The two women were passengers on the train on September 17, 2005 when Metra engineer Mike Smith sped his morning rush hour train at 69 miles per hour on a 10 mile per hour crossover. The train derailed near 47^th Street and the Dan Ryan Expressway. Over 100 of the 185 passengers were injured. According to the families' attorney, a similar derailment happened at the same location in 2003. Metra has since removed the crossover where the derailments occurred and has invested in equipment which will train engineers to prevent these types of accidents.

November 12, 2008

A former employee of Home Depot at the company's Gurnee store filed a sexual harassment and retaliation lawsuit against the retailer. The woman, Jaclyn Bryant, claims that a male colleague, Jeff Grawe, repeatedly hit her behind with a piece of moulding. Bryant also contends that Grawe made sexual advances upon her at work and humiliated her in front of co-workers and customers. Bryant made a number of complaints to management, which she alleges were ignored. While Bryant offered a transfer to a Home Depot in Round Lake Beach, she resigned after her hours were cut. Bryant claims that she was subjected to a hostile work environment at the Gurnee store. Bryant's case could take approximately two years to resolve.

A wrongful death lawsuit has been filed against a man who crashed his car into a tree near Hampshire in Kane County last year. As a result of the crash, four of the driver's passengers were killed. Fakir Muhammad Jaffrie was indicted on charges of reckless homicide, aggravated driving under the influence of marijuana and driving under the influence. Though only one suit has been filed against Jaffrie, three of the victim's families have attorneys who are pursuing claims. Oftentimes, drivers have limited insurance providing for certain coverage per injured party, and a maximum per occurrence. It is likely that Jaffrie's insurance coverage will be exhausted by this automobile accident.

October 30, 2008

Even prosecutors apparently are not immune from age discrimination. Former Cook County Assistant State's Attorney Christine Opp claims in a federal lawsuit that she was subjected to age discrimination when she was terminated during a reduction in force. Opp stated that while she was discharged, the State's Attorney's Office hired young lawyers right out of law school.

October 27, 2008

Former priest Donald McGuire was convicted of sexually abusing a boy during religious retreats. During the trial, the victim and several other boys took the stand and testified that they were molested by McGuire. In 2006, McGuire was convicted in Wisconsin for sexual abuse and was sentenced to seven years in prison. Additionally, McGuire is currently under indictment for sexual molestation charges in Arizona and faces numerous civil suits for sexual abuse.

Retaliation claims seem to be the trend of the day in employment litigation. When discharged, employees are often faced with limited remedies. Usually, the only way they can maintain a claim against their former employer is to allege a claim of discrimination or retaliation. Oftentimes, the courts will dismiss discrimination claims for lack of proof. Retaliation claims, however, will more often survive an employer's efforts to dismiss the claim short of a trial. The statistics bear the trend out. In 2007, retaliation claims shot up 17% over the prior year, according to the EEOC. An employer's best defense a retaliation claim is to document an employee's performance all along. Juries can show their outrage if the conduct is especially wrongful. In July, an Ohio jury returned a $46.6 million verdict in favor of a man who claimed that he was retaliated against for refusing to fire three elderly workers. From the Plaintiff's perspective, the key to winning retaliation claims is the timing between "protected activity" and termination.

October 16, 2008

The spouse of a woman who was murdered during a robbery of a Burger King restaurant is suing the security company that equipped the store with its alarm systems. Kenneth Hutchison, Jr. alleges that the company was negligent because the alarm systems did not activate during the robbery, and that because of the failure, his wife was killed.

October 15, 2008

Two more civil suits were filed on behalf of children who were allegedly sexually assaulted by former teacher Jon White, of Urbana. White has already been convicted of ten counts of criminal sexual abuse. The suits name the school district, the Superintendent, the former Human Resources Director, the former Principal, as well as a teacher and lunchroom supervisor. The suit alleged that the school district was negligent in hiring and keeping White on staff and that several employees knew of improprieties, but did not report them.

At the Donald McGuire criminal trial, a man testified that he was encouraged to masturbate in the priest's presence. McGuire was charged with abusing a thirteen year old boy. In testimony last week, the boy testified that the priest performed oral sex upon him. The boy also testified that the priest told him that he should shed his clothes, and then subjected the boy to nightly massages.

October 10, 2008

Another criminal case concerning priest sexual abuse trial is underway, this time in the Circuit Court of Cook County. The Plaintiff, who has been allowed to keep his full name confidential, has testified that priest Donald McGuire requested the man named Peter give him body massages. McGuire, 78, has been defrocked by the church. Peter testified that the massages became a daily occurrence in 1998. A woman who once scheduled McGuire's retreats testified that she discovered pornographic magazines among the priest's possessions.

October 9, 2008

On Mother's Day, 2006, Verna Corcoran, 83, was murdered allegedly by Jose Manuel Albada-Grijaldo. Albada-Grijaldo, was subsequently stopped by a Marengo police officer after the slaying, and he gave chase. The chase ended when Albada-Grijaldo lost control of his vehicle. Albada-Grijaldo got out of his car and allegedly confronted the officer. The officer then shot Albada-Grijaldo four times and killed him. The estate of Albada-Grijaldo then filed suit in federal court, alleging that the officer used excessive force, causing his wrongful death. The estate of Albada-Grijaldo claims that the decedent was not armed and was not threatening the officer. In an unusual twist, the family Verna Corcoran filed suit against Albada-Grijaldo for wrongful death. Albada-Grijaldo did not appear to contest the suit, and a McHenry County judge awarded Corcoran's estate $10 million in damages. It is unlikely that Corcoran's estate will recover anything, but apparently did so to ensure that Albada-Grijaldo's estate would not receive anything should their suit be successful.

Another sexual abuse lawsuit was filed against the Urbana school district arising out of events with Jon White. White, a former Urbana teacher, has been convicted of ten counts of aggravated criminal sexual abuse. The suit names a number of defendants, and alleges claims of intentional infliction of emotional distress and negligence. The suit contends that the district was negligent in hiring and retaining the teacher. The attorney representing the child, said that he expects to file suit on behalf of two other Urbana students shortly.

Among the important cases on the docket of the United States Supreme Court this term is an employment-retaliation case, Crawford v. Nashville and Davidson County. Vicky Crawford was a Nashville school teacher. She complained about a supervisor's lewd behavior in an interview with a human resources official, and was subsequently fired. Crawford, however, had never lodged a formal charge with the EEOC. The Sixth Circuit Court of Appeals ruled against her, holding that she did not engage in protected activity. Her attorney argued before the high court that she was objecting to her employer's conduct. The assistant city attorney for Nashville argued that her case was not actionable because she did not make formal charges of sexual harassment. A decision on the case should be issued in early 2009.

October 8, 2008

A recent U.S. Justice Department report sharply criticized the Cook County Jail for allowing an inmate to commit suicide on its watch. Nicholas Grossi had pled guilty to drug charges and had eleven days left in the facility before he was released. The Addison man fastened a bed sheet to his top bunk and took his own life. After the New Year's Day suicide, his family filed a wrongful death lawsuit against Cook County. The family alleges that Grossi, who suffered from depression, wan not allowed to take his anti-anxiety drug Xanax.

October 2, 2008

In an unusual tort case filed in the Circuit Court of Cook County, two former security officers employed by Neiman Marcus claimed that the store improperly eavesdropped upon them while they had sex at the store. According to the allegations of the complaint, the store's manager shared a videotape of the two with others and also posted it on the web. The security guards were terminated from their employment after their activities were caught on tape. The Plaintiffs also claim that the Defendant should be held liable for intentional infliction of emotional distress.

The Illinois Supreme Court ruled on Thursday that the mother of a fifteen year old boy who died of a drug overdose can proceed with her medical malpractice lawsuit against Park Ridge paramedics. On October 31, 2004, the city sent a fire engine and ambulance to Lawrence Furio's home. His son was non-responsive and required CPR. The suit claimed that the emergency personnel did not evaluate, assess, provide advanced life support, or transport the child to the hospital despite his condition. He died eight hours after the initial 911 call. Though lower courts had rejected the claim, the high court said that the case could go forward under a less restrictive statute covering emergency medical services. In order for the Plaintiff to prevail, she must ultimately prove that the emergency responders acted in a willful and wanton manner.

October 1, 2008

The Urbana School District and several other defendants have tentatively agreed to settle a sexual abuse claim with a victim of John White, a former Urbana teacher who was convicted of ten counts of aggravated criminal sexual abuse. In the lawsuit, the child and her mother alleged that the staff knew or should have known of White's sexual improprieties but failed to report them to DCFS.

September 30, 2008

David Clohessy, the national director of Survivors of those Abused by Priests has been stepping up the pressure on Belleville Bishop Edward Braxton to agree to an outside audit of church assets. The diocese was recently hit with a $5 million verdict in a priest sexual abuse lawsuit brought by James Wisniewski, an altar boy. Although it is not entirely clear, the church's insurance company may be taking the position that there is no insurance coverage to cover the damage award as the Plaintiff proved that the church fraudulently concealed the priest's prior sexual activities. If the insurance company takes the position, then the diocese and the Plaintiff will be put in the unusual position of being aligned together to possibly sue the carrier for coverage.

In a related case, an Elmhurst man filed suit against a priest, the Diocese of Joliet and Bishop J. Peter Sartain, claiming that the priest, Christopher Floss, began a sexual relationship with his wife after they began to see the priest for counseling. In early, 2006, Stephen Crane and his wife started to see Floss for counseling. By October of that year, Maureen Crane and Floss were meeting daily at the rector or the family's home. In December, Maureen Crane told her husband that she wanted a divorce. Shortly afterward, Floss left the priesthood. According to the allegations of the complaint, Floss and Maureen Crane are living together.

September 29, 2008

In the James Wisniewski priest sexual abuse case, the Diocese of Belleville has filed a motion requesting that St. Clair Circuit Court Judge Lloyd Cueto grant it a new trial. A jury recently awarded the Plaintiff $5 million in damages. In its Motion, the diocese requested that the court also reduce the damage award. Motions for a new trial are rarely granted. If denied, the diocese could then appeal the jury verdict to the Illinois Appellate Court. In its Motion, the diocese argued among other issues, that Wisniewski was time barred by the statute of limitations in bringing his sexual abuse claim. It is an open question as to whether the diocese's insurance company will pay the claim as the Plaintiff's theory during the case was that the church covered up the abuse.

On Thursday, the President signed into law The ADA Amendments Act. The effective date of the new law is January 1, 2008. The new law attempts to eliminate many hurdles for disabled plaintiffs who attempted to assert employment claims. Under current law, most plaintiffs lost their cases because they could either not establish that they were "disabled" under the meaning of the Americans With Disabilities Act, ("ADA"), or that their disability "significantly limited a major life activity." Under the new law, the statute will broaden the meaning of "substantially limits," and will also expand the major life activities for a plaintiff to base his claim. The new law also directs the court to interpret the statute liberally. These new changes in the law will undoubtedly open the courthouse doors to many deserving litigants.

September 24, 2008

A woman who was seriously injured in an automobile accident has filed suit in Kane County Circuit Court against the two bars which she claims over-served the driver who hit her. On September 16, 2007, the woman was involved in a rollover crash in South Elgin. The Plaintiff claims that the driver was allowed to leave the bars in a "highly intoxicated" when the bartenders knew or should have known that she was not capable of driving. The Plaintiff was a passenger in the vehicle.

September 22, 2008

A Northlake woman has agreed to a $5.5 million settlement with Westlake Hospital and two doctors for a medical malpractice action involving the birth of her son. The child was born with severe brain damage. According to the allegations of the lawsuit, the woman was admitted to the hospital on March 1, 2002. After she was given a drug to induce contractions, the child's heart rate began to drop. The baby was deprived of oxygen which caused the birth injuries.

September 19, 2008

A downstate securities trader won a $17.6 million accounting malpractice case against a firm that he claimed failed to provide appropriate tax advice. According to the Plaintiff, the firm's negligence cost him millions. The verdict is supposedly the largest handed down in Peoria County based on present cash value. In the late 1980's Gary Bielfeldt was the majority owner of a company which concentrated on government securities markets and bonds. As the company's bond business increased, Bielfeldt contended that KPMG did not provide correct advice concerning his tax filing. At trial, the Plaintiff requested that the jury award him $61 million. The Defendant has filed a post-trial motion to reduce the jury's verdict.

September 16, 2008

The EEOC filed suit against Gonnella Baking Co., contending that the baker discriminated against its Hispanic employees at its Aurora plant. According to the EEOC, a Gonnella supervisor routinely made derogatory remarks against employees of Mexican origin. Four employees filed charges of national origin discrimination with the federal agency at different times in 2005 and 2006. The company denies the discrimination allegations.

September 13, 2008

The Illinois Appellate Court ruled Friday that a couple cannot maintain a wrongful death case against a fertility clinic for the destruction of the couple's stored embryos. According to the allegations in the suit, the couple stored nine embryos conceived through in vitro fertilization at the Center for Human Reproduction in Chicago. When the called the center to have the embryos transferred in June, they were advised that the embryos had been destroyed. While a Cook County Circuit Court judge had allowed the claim to proceed, the appellate court rejected it. The court stated that the Wrongful Death Act does not address in vitro fertilization. The Wrongful Death Act provides for monetary compensation provides for someone who suffers a loss while the embryo is in the womb, other than in cases of abortion with the mother's consent.

September 11, 2008

In a new lawsuit filed in the Circuit Court of Cook County, a Thornton High School student claims that she was abducted by three masked men and gang raped after she was kicked off a school bus in Harvey. According to the allegations of the complaint, the bus driver got upset after some children set off some fireworks on the bus. She kicked all of the children off of the bus. The student then had to walk through a "high crime area," where the men allegedly kidnapped her, took her to an unknown location, and repeatedly sexually assaulted her. Thornton Township High School District 205, Kickert Bus Line and the bus driver were all named as Defendants.

September 12, 2008

The Archdiocese of Chicago has agreed to settle another priest sexual abuse case involving Daniel J. McCormack. Last year, the defrocked priest pled guilty to abusing five children. He is serving a five year prison sentence. The current case involved a 14 year male. The Archdiocese will pay a total of $2.5 to resolve the sexual molestation charge. The boy's younger brother also has a case pending against the Archdiocese in the Circuit Court of Cook County, also alleging that he was sexually assaulted by McCormack. To date, the Archdiocese has paid over $67 million to settle sexual abuse claims. McCormack, who served at St. Agatha Parish on Chicago's west side, was charged in 2006, and pled guilty in 2007. The settlement is apparently the largest with the Archdiocese for a single victim. According to the boys' attorney, the abuse continued after the allegations against McCormack surfaced.

September 10, 2008

The scandal involving church sexual abuse cases continues. In a newly filed lawsuit, a 46 year old Streamwood man claims that a priest at a Greek Orthodox church abused him more than 30 years ago. The Plaintiff, who was an altar boy, claims that the priest sexually molested him in 1977 and 1978. The sexual abuse allegedly occurred at Assumption Greek Orthodox Church in Olympia Fields. The suit also detailed that three other boys in Nicholas Katinas's church were sexually abused. In the suit, the Plaintiff alleges that the church knew that Katinas had sexually abused others. By pleading these facts, the Plaintiff hopes to circumvent the statute of limitations, which is often a legal bar to bringing these claims. Specifically, the suit alleges that Katinas abused another altar boy who was a minor on 10 to 12 occasions. The suit names Katinas, Assumption Church, the Greek Orthodox Metropolis of Chicago, and the Greek Orthodox Archdiocese of America as Defendants. Katinas was transferred to Holy Trinity church in Texas in 1978. Katinas was suspended from that church in July, 2006. Lawyers said that Katinas abused four boys while at that church. All four have filed suit in Texas. The lawyer for those victims claims that Katinas fled to Greece to escape the litigation.

In a related news story, Illinois Supreme Court Justice Anne Burke blasted Cardinal Francis George in a book recently published. In the book, Burke said that Cardinal George withheld from her that he was housing a priest who was accused of sexual abuse at a church in Delaware. Burke was referring to an interview that she had with Cardinal George approximately one year ago. Burke reacted positively to Cardinal George's decision to release a deposition which he gave in a recent sexual abuse lawsuit. Cardinal George claimed that he was unaware of "all the details of his situation."

September 9, 2008

A recent study concerning legal malpractice claims has shown that claims involving more than $2 million have more than doubled in the years 2004 to 2007. The most frequent claims involving legal malpractice involve lawyers in personal injury cases. Most of the time, those legal malpractice claims revolve around a missed statute of limitations. While a lawyer handling a legal malpractice claim must show that the lawyer was negligent in handling a case, he must also prove the underlying personal injury claim.

August 29, 2008

The troubles for the Archdiocese of Belleville are not over. Another former altar boy from the same diocese filed suit in 2003 for sexual abuse involving Reverend Raymond Kownacki. The boy's suit claims that the priest sexually assaulted him for three years starting in 1979. The suit also alleges that Kownacki was shuttled to different churches while diocesan officials knew that he was a risk to children. The suit alleges negligence and conspiracy by the Archdiocese. According to evidence admitted into the James Wisniewski case, documents demonstrate that sexual abuse allegations against Kownacki dated to the 1960s.

August 28, 2008

On Wednesday, a St. Clair County jury returned a $5 million verdict against the Belleville Diocese in the James Wisniewski priest sexual abuse case. It is believed to be one of the largest verdicts in a local clergy malpractice case. The jury concluded that the church conspired to keep quiet sexual molestation charges regarding Reverend Raymond Kownacki. Kownacki was not a party to the case. According to evidence in the case, the church earns approximately $3.5 million a year on its investments, which was the sum that the Plaintiff's attorneys requested for punitive damages. Ultimately, the jury awarded Wisniewski $2.6 million in punitive damages and $2.4 million in compensatory damages. Few cases like Wisniewski's go to trial. In 1999, a priest sexual abuse went to verdict in St. Louis, and the jury awarded the Plaintiff $1.2 million - that verdict, however, was reversed on appeal. Kownacki remains a priest and still receives benefits from the church.

In other legal news, a Cook County jury awarded $22.5 million to a family of a 27 year old man who was struck by a car while he was working on a state toll highway. The automobile accident occurred on December 6, 2005. On that date, Lewis Lingafelter was checking the reflectivity of lane stripes on I-294 when a truck slammed into a Illinois State Toll Highway Authority vehicle, causing it to strike the victim. Lingafelter died at the scene of the accident. Before the trial started, the trucking company and its driver admitted that they were negligent. In the case, Lingafelter's wife contended that the toll authority had responsibility, but the jury disagreed. The jury awarded $5.02 million for economic loss and $17.5 to Lingafelter's wife for loss of society.

August 27, 2008

On Tuesday, former Belleville Bishop Wilton Gregory testified in the Wisniewski sexual abuse trial. At trial, Gregory conceded that if the diocese knew that Reverend Kownacki abused children, yet transferred him to other parishes, the church should be held responsible for what happened to the Plaintiff. Wilton testified that many documents concerning priests who were alleged to have sexually abused minors may have been withheld from him. Wilton testified that he personally met with 80 to 100 victims. Another witness for the defense, former vicar general Monsignor James Margason, testified that before Gregory arrived in Belleville, he knew about a detailed report relating to Kownacki's rape of a sixteen year old girl, and his attempt to abort the baby. Margason also testified about a report concerning sexual abuse of two boys from Guatemala, but this report and the other about the girl, were withheld from Gregory. Margason conceded that he breached canon law by intentionally withholding the report from Gregory. Margason did not contact the parents of the boys who may have been abused, but merely accepted Kownacki's denial of the abuse. Evidence in the trial established that Kownacki was moved to six different parishes within the state without any warning to the parishioners. Margason agreed with the Plaintiff's attorney that he had known for years that Kownacki was "dangerous." Wisniewski testified that Kownacki gave him alcohol and took him into the bedroom and sexually molested him. Wisniewski testified that he was sexually abused between 40 and 50 times beginning in 1973. Wisniewski testified that the sexual abuse ended when he reached high school. The Plaintiff also testified that Kownacki showed him a handgun under his bed as a threat should he report the abuse to anyone.

August 26, 2008

During Monday's testimony of the Wisniewski clergy sexual abuse trial, the Plaintiff's wife testified. The woman testified that since her husband confided the abuse to her, he has become withdrawn and depressed, and has also suffered from repeated nightmares. The woman also testified that Reverend Kownacki threatened to hurt his family if he ever reported the sexual molestation. Wisniewski's wife testified that she and her husband separated in 1994 and 1995 but later reconciled.

August 25, 2008

The sexual abuse trial involving James Wisniewski brought more dramatic testimony last Friday. During Friday's testimony, Margaret Mensen, the former administrator for the civilian review board investing sexual abuse claims against priests, testified that she could not investigate all of the molestation claims because she did not know that they existed. Mensen testified that the file given to her concerning Reverend Raymond Kownacki only contained two abuse allegations, though evidence already introduced at trial showed that there were many more. Mensen testified that she found "sincere and credible" information in the file that the former priest raped a 16 year old girl in the 1970s. The trial continues in St. Clair County.

August 22, 2008

In the continuing sexual abuse trial against the Belleville Diocese, Reverend Joseph Schwaegel, a former vice chancellor with the diocese, testified Thursday that "Like any family, you don't go hanging your dirty laundry all over the line." According to evidence in the trial, Schwaegel received complaints in 1982 from another family alleging that their son was abused by Reverend Raymond Kownacki. Schwaegel testified that he wrote the family and urged them to let "bygones be bygones." Schwaegel also testified that he never bother to interview Kownacki. Schwaegel also claimed that other complaints of sexual abuse involving the subject priest were never shared with him. Kownacki was removed from active ministry in 1995, but remained a priest. He currently receives retirement benefits from the church. Schwaegel also testified that he removed himself from active ministry due to his sexual addiction with adults.

August 21, 2008

In a rare trial of priest sexual abuse in downstate Illinois, the former vicar general of the Belleville Diocese testified that bishops and other top church officials failed to reassign Reverend Raymond Kownacki though there were numerous reports that the priest sexually molested children. The church official, James Margason, testified for more than three hours in the lawsuit brought by James Wisniewski. Wisniewski claims that he was sexually abused for five years when he was an altar boy at St. Theresa's Parish in Salem, Illinois. To win his case, Wisniewski will have to prove that the diocese fraudulently concealed that priests were abusing children. Under questioning by Wisniewski's attorney, Margason testified that a former church official knew that Kownacki sexually molested children in Guatemala and had other inappropriate sexual contact with children. In opening statements, the Plaintiff's attorney told the jury that it took the church 22 years to remove the priest from having unrestricted contact with children. The defense countered that the diocese removed 15 priests from ministry where there were allegations of sexual abuse. Margason conceded that had the church been apprised of Kownacki's conduct involving children, it was possible that Wisniewski may never have been abused. Evidence at the trial established that Kownacki was repeatedly shuttled to different parishes even though claims of sexual abuse kept surfacing. Margason was also asked to verify a love letter sent by Kownacki to a boy, requesting a massage.

In another development concerning priest sexual abuse cases, the Kansas City-St. Joseph Diocese of Missouri has tentatively agreed to settle almost 50 sexual abuse cases for $10 million. The allegations concern 12 of its priests. If approved, the settlement would cover all sexual abuse cases pending against the church in Jackson County for incidents which occurred between 1951 and 1992. In addition to paying money, the diocese will have to agree to publicly announcing the wrongfulness of the priests' actions. The church said that most of the settlement would be funded by insurance, with the balance derived from the sale of undeveloped church assets.

August 20, 2008

On Monday, the Illinois Supreme Court stated that it would not intervene in the Doe v. Diocese of Belleville priest sexual abuse case decided by the Illinois Appellate Court and featured in the March 15, 2008 post on this blog. The plaintiff in the case claims that a priest sexually abused him for five years when he was an altar boy at St. Theresa's church. Jury selection also started on Monday. As the supreme court refused to intervene, a favorable decision remains in place which may allow other victims of sexually abuse to proceed on their claims which may have otherwise been deemed untimely.

August 14, 2008

Last December, Chicago public school principal Georgette Watson died while she was sedated during dental surgery. This past Wednesday, Ms. Watson's son accepted a dental malpractice settlement for approximately $8.5 million. The settlement was approved in the Circuit Court of Cook County. In the lawsuit which was filed against the dentists, attorneys for Ms. Watson's estate claimed that the dentists did not get a proper medical history from the patient and did not monitor Ms. Watson's blood pressure and vital signs during her surgery. The Illinois Department of Professional Regulations suspended the licenses of both dentists.

August 13, 2008

The Archdiocese of Chicago announced a $12.7 million settlement to sixteen victims of priest sexual abuse. Fourteen of the victims claimed that they were sexually abused between 1962 and 1994. Two of the victims claimed that they were sexually abused by Daniel McCormack when he acted as the pastor of St. Agatha Roman Catholic church on Chicago's west side. Other priests who were identified as allegedly abusing victims included Joseph Bennett, Norbert Maday, Robert Mayer, James Hagan, Robert Craig, the late Robert Becker, the late Thomas Kelly, James Steel, Joseph Owens and the late Kenneth Ruge. One of the victims, who allegedly was abused by Steel when he was assigned to the St. Joseph the Worker Church in Wheeling, claimed that he was abused between the ages of 12 and 13.

The Archdiocese of Chicago also released a deposition which Cardinal George gave in the case. In the deposition, Cardinal George stated that as many as 23 people have alleged that they were sexually abused by McCormack. McCormack is now serving a 5 year prison sentence for sex crimes. Concerning the investigation of Bennett, Cardinal George testified that the church received four detailed allegations of sexual abuse going back to 2002, but failed to remove Bennett from the church until four years later. Cardinal George rejected two earlier recommendations from the archdiocese review board that Bennett be removed from his post. By the time that the church had removed Bennett, there were 12 claims of sexual abuse leveled against him. Cardinal George's deposition testimony also revealed that the archdiocese's vicar for priests, Reverend Edward Grace, who is also a lawyer, coached the accused priest as to how dispute certain allegations of sexual abuse against him. Cardinal George also testified that Grace and George Rassas, then vicar general, withheld information about claims before McCormack's promotion to a supervisory role within days after his arrest in 2005. Since 2002, the Los Angeles Archdiocese has paid the most to settle clergy sexual abuse claims - $600 million. San Diego has paid just over $198 million to settle sexual abuse claims, while the Chicago Archdiocese has paid $77 million since 2002. It is anticipated that with the latest publicity, other victims of priest sexual abuse will come forward. The Law Offices of Eugene K. Hollander has been involved with claims of sexual abuse involving Father Joseph Fitzharris, Father Peter Bowman, Father Thomas Job, Father George Clements, and Father Paul Smith.

August 8, 2008

It is the eternal question for clients - should I settle my personal injury claim or should I go to trial and take the risk with the jury? A new study finds that if you proceed to trial, you will likely receive less than if you settle your case beforehand. According to the study, plaintiffs who elect to try their personal injury cases were wrong 61% of the time. According to the study, 80 to 92 percent of cases settle prior to trial. Our experience has been that about 95% of cases in the Circuit Court of Cook County resolve prior to trial, and that about 98.5% of cases in federal court resolve prior to trial. Of course, that includes settlements, and those cases which are dismissed for various reasons prior to trial. The study stated that making the wrong choice about trying a personal injury case typically cost a plaintiff approximately $43,000. We believe that while a decision to procced to trial inherently includes risk, a client should always rely upon their attorney's experience and counsel in handling similar personal injury cases.

July 24, 2008

The University of Illinois Board of Trustees was asked to approve medical malpractice settlements totaling $14 million. The settlements involve two medical malpractice claims filed against U of I that were pending in the Circuit Court of Cook County. In the first case, the parents of an infant alleged that employees of U of I Medical Center in Chicago did not recognize signs of fetal distress and were negligent in not performing an emergency delivery. According to the attorneys for the family, the infant has suffered permanent neurological damage. That settlement, if approved, would be for $9 million. In the second case, the parents of a patient contended that U of I employees failed to treat hyperbilirubinemia in a premature infant causing brain damage. The condition resulted in jaundice. The settlement in that case is expected to be $4.8 million.

July 14, 2008

The mother of a sixteen year old boy who drowned in Lake Springfield during the summer of 2007, has sued the city of Springfield for wrongful death, contending that the lifeguards on duty were negligent. On the date of the incident, the City stated that two lifeguards were on duty and another eight were present. The mother of the victim, however, stated that all were on duty, but the majority were not at their posts. The lawsuit also contends that the city failed to properly train and supervise lifeguards. Further, the mother of the victim claims that the city had no emergency plans in the event of a drowning incident.

July 11, 2008

A Cook County jury returned a $7.5 million verdict against Cicero in a wrongful death lawsuit brought by the estate of a laborer from Cicero. On October 31, 2002, Cicero police stopped at an intersection to break up a fight with the deceased man. The police officers directed the man to a street behind one of the squad cars. The officers allegedly negligently failed to activate their squad lights. A drunk driver was travelling west on Cermak and lost control of his vehicle, striking the man and pinning him against the police car. Both of the man's legs were severed and he died the next day. A spokesman for Cicero stated that the village would appeal the jury's wrongful death verdict.

July 9, 2008

The estate of a Chicago man has sued a bait shop for the man's drowning in the flooded Fox River. The bait shop, located in McHenry County, rented the man a boat though the river was closed by state authorities. The suit was filed in the Circuit Court of McHenry County, and claimed negligence against Gill's Bait Shop. The man, 76 years old, died when his rented fishing boat capsized in the waterway's current. The suit claims that the shop knew or should have known the Illinois Department of Natural Resources closed the river the day before. The man was in the boat with two friends when it capsized. Rescuers were able to pull the friends to safety, but the man slipped out of his life vest and plunged into the water. The suit is scheduled for an initial status hearing later in the fall.

July 2, 2008

The Archdiocese of Denver has agreed to settle 18 sexual abuse claims for a total of $5.5 million. The Plaintiffs claimed that they were sexually abused as children. The Denver Archdiocese has settled 43 sexual abuses cases since 2005 and has paid out a total of $8.2 million. The Archdiocese also agreed to release the file of a priest who was involved in 16 of the new claims. Locally, victims of sexual abuse anxiously wait a ruling by the Illinois Supreme Court regarding a recent appellate court decision. In the lower court decision handed down earlier this year, the Court allowed claimants much greater leeway in asserting sexual abuse claims. Bringing childhood sexual abuse claims was often difficult due to the repeated changes in the law regarding the applicable statute of limitations.

June 27, 2008

The Supreme Court recently completed its 2007-2008 term, and overall, it was not a bad year for employees. Many feared that the Roberts Court would steer very conservative in all areas, including employment. Some of the highlights of the Court's decision in the employment law arena were: CBOCS v. Humphries, finding that employees may file retaliation claims under a 1866 civil rights law; Gomez-Perez v. Potter, allowing federal workers to pursue retaliation claims under the age discrimination act; Federal Express Corp. v. Holowecki, allowing a Plaintiff to pursue an age discrimination case, though the EEOC did not follow its customary procedures; Meachum v. Knolls Atomic Power Laboratory, placing the burden of proof on employers who assert that a layoff policy which disproportionately affects older workers was based on factors other than age; Sprint/United Management v. Mendelsohn, employees bringing age discrimination claims are not automatically barred from bringing in other employees' bias claims.

June 24, 2008

The United States Supreme Court recently decided two key cases recently. Last Thursday, the high court ruled that in age discrimination case involving the layoff of seventeen older workers, the employer must show that it had a legitimate reason for the discharge other than age discrimination. Previously, some lower courts required employees bringing discrimination claims to prove this issue. Undoubtedly, this will make it easier for employees to maintain age discrimination claims. In fiscal year 2007, 19,000 complaints alleging age discrimination were filed with the EEOC. Justice Thomas, who was chairman of the EEOC during the Reagan administration, was the lone dissenter in the case. The new development will likely encourage workers who have been terminated to bring age discrimination claims.

In a separate ruling, the high court ruled in favor of a woman who sued MetLife Insurance Company over a disability claim. The woman claimed that insurance companies have a financial incentive to deny claims and that conflict of interest should weigh heavily in favor of the employees. A federal appeals court ruled in her favor after MetLife denied her benefit. The Supreme Court affirmed that ruling. In the opinion, Justice Breyer wrote that federal law imposes a special standard of care on insurers requiring full and fair review of claim denials. Justice Breyer noted that MetLife's review appeared to be one-sided - the company emphasized a medical report that favored denial, and de-emphasized other benefits which suggested that benefits be granted. This is extremely encouraging for individuals who believe that their claims were wrongfully denied by the insurance company. Under ERISA, an insurance company cannot be held liable for punitive damages for the denial of a claim. The company can be ordered to pay the benefit and the claimant's attorney's fees. This development will ease the burden on establishing some ERISA claims.

June 17, 2008

A federal jury awarded a woman $7.9 million in a lawsuit claiming that she was falsely arrested and wrongfully jailed for ten months. The Plaintiff, Rachelle Jackson, sued the City of Chicago after a judge acquitted her and another man, Pierre Mangun, of stealing a gun from an injured police officer. The police officer was knocked unconscious in an automobile accident in 2002. Mangun's relative, Byron Mangun, was convicted of unlawful use of a weapon after he tried to sell the weapon. Jackson and Pierre Mangun denied that they had any knowledge or connection with the incident. Jackson claimed that she came to the aid of the injured officer after a car ran a stop sign and broadsided the squad car. The City contended that Jackson put a wrestling hold on the officer and did not act as a good samaritan. This civil rights verdict is an extraordinary sum for similar cases which have settled and proceeded to jury verdict in the federal court in Chicago. Settlements or verdicts of this size usually occur after a Plaintiff has been imprisoned after many years.

June 12, 2008

Yesterday, Andrew Ward filed a lawsuit against a retired monsignor, Thomas Maloney, from Epiphany Catholic Church alleging that he was sexually abused by the church prelate while he was in second grade at the church. The sexual abuse lawsuit contends that the assault occurred while the Plaintiff was eight years old. In addition to the monsignor, the Catholic Diocese of Peoria was also named as a defendant. No criminal charges for sexual assault were ever filed against Maloney. The Normal Police Department confirmed that it conducted an investigation into the sexual abuse allegations after it was brought to their attention in 2007. The Plaintiff's mother stated that the sexual abuse involved two incidents in the sanctuary of the church. The Plaintiff suffered from bouts of depression and problems with the law before he disclosed the incidents in November, 2006. In his lawsuit, Ward contends that the Archdiocese knew of other incidents of sexual abuse involving Maloney. As alleged in Ward's Complaint, a woman claimed in 1995 or 1996 that Maloney had sexually assaulted her, and a second woman also came forward stating that she had been sexually abused by Maloney in the 1970s. Ward's lawsuit is a bit unusual in that many victims of sexual abuse wait much later to disclose their allegations.

June 5, 2008

A former Cicero police officer claims that she was sexually harassed on the job, and when she complained about it, she was fired. These are the allegations of Rosio Saldana in a lawsuit she filed in federal court. Saldana, who was terminated from her job in August, 2007, alleged that her supervisors frequently commented on her physical appearance. The Plaintiff also contends that one of her bosses touched her inappropriately and another rubbed against her. Saldana named a number of police officers in her suit as well as the Town of Cicero. The Town of Cicero has denied the sexual harassment allegations. According to a spokesman for the town, Cicero's investigation shows that there is no merit to the harassment allegations. Saldana stated that the reason that the police department gave for her termination was that she failed to log enough hours on patrol. Individuals cannot be held liable for sexual harassment under federal law - only employers can. While victims of sexual harassment may attempt to bring claims against the individuals under other theories, such as intentional infliction of emotional distress, oftentimes, it will be difficult, if not impossible to collect anything from them even if there is a judgment entered in the Plaintiff's favor. Additionally, municipalities cannot be held liable for punitive damages under Title VII. It will be interesting to see how this sexual harassment case develops.

June 4, 2008

A man who was injured in an automobile accident with an Illinois Appellate Court justice recently settled his case for $2.17 million. According to the allegations of Steve Martin's Complaint, he collided with Justice Richard P. Goldenhersh while he was driving on U.S. 20 in Stephenson County. Another appellate court justice was sitting in the passenger seat of Goldenhersh's vehicle. Martin claimed that he suffered from leg injuries due to multiple fractures. He also claimed dental injuries. He underwent two surgeries for his leg and walks with a permanent limp. Martin claimed that due to his personal injuries he was unable to work, and was collecting Social Security disability benefits.

June 3, 2008

The wife of a man who was shot and killed by a Village of Robbins police officer this past February filed suit against the shooter and the municipality earlier this week for wrongful death. According to the allegations of the Complaint, Christopher Lloyd, Nicole McKinney's ex-husband, came to McKinney's home on February 17. He got into a quarrel with Cornel McKinney and shot and killed him. Lloyd apparently is claiming self-defense in the incident, but a medical examiner's report states that McKinney was shot 24 times. The Chicago Police Department is still investigating the incident.

June 2, 2008

An Oak Lawn woman is suing a man and a canine obedience school that she visited for negligence after the man's pit bull bit her on the arm. As a result of the injury, the woman received 37 stitches and has a scar on her arm. The woman's husband had the couple's German shorthaired dog enrolled in the class. Just before she was attacked, she gave her dog a toy, and the pit bull lunged at her and started to bite her. The woman who owned the canine school said that this is the first dog bite incident which has occurred on the premises. The writer of this blog has observed various news accounts and cases in his own practice involving dog bites - the vast majority of the time they involve pit bulls. This attorney handled a case involving a pit bull named Killer a number of years ago. The dog escaped from the owner's home and attacked a young child severely injuring him. Gene Hollander strongly feels that owners of pit bulls should be required to maintain mandatory insurance on their animals, and that there should be criminal penalties for failing to procure insurance.

May 28, 2008

On Tuesday, the United States Supreme Court issued two significant opinions in the field of employment law. In CBOCS West, Inc. v. Humphries, the high court ruled that a black employee could bring an employment retaliation claim under 42 U.S.C. § 1981. The Plaintiff Humphries brought several employment claims against his former employer. The Plaintiff brought a race discrimination claim and retaliation claim under Title VII of the United States Code as well as the § 1981 claim. The district court dismissed Humphries case as he failed to pay filing fees for the Title VII claims and decided on the merits in favor of the employer on the § 1981 claim. On appeal, the Seventh Circuit Court of Appeals held that § 1981 encompassed retaliation claims. The United States Supreme Court held for the first time that such an action could be brought under this companion statute. The opinion is a huge victory for victims of employment discrimination claims. First, unlike race discrimination claims brought under Title VII, a Plaintiff who brings a claim under § 1981 need not file a charge of discrimination. Further, while an aggrieved employee alleging race discrimination has to file a charge of discrimination within 300 days of a job termination, for example, a claim under § 1981 has a much longer statute of limitations - four years. Perhaps the greatest advantage to a § 1981 claim, however, is that there is no cap on compensatory or punitive damages. Under federal law, a successful litigant in a Title VII claim can only recover a maximum of $300,000 for compensatory or punitive damages against an employer.

In the second opinion, Gomez-Perez v. Potter, Postmaster General, the United States Supreme Court held that a federal sector employee may bring a retaliation claim under the Age Discrimination and Employment Act. Lower courts were split as to whether such a retaliation claim was viable. While the opinion only applies to government employees, it is likely that courts will follow the high court's lead in finding that such retaliation claims are also available to private sector employees. This ruling also is very important to employees as it is often easier to prove retaliation claims than the underlying discrimination claim. Further, since retaliation claims appear to be punitive by nature, they can expose the employer to much greater liability than an ordinary employment discrimination claim.

May 23, 2008

In a petition for leave to appeal filed with the Illinois Supreme Court, a quadriplegic argues that a homeowner failed to warn him before he dove into their pool. On July 15, 2001, James and Renee Togher of Palos Hills were out of town when their niece invited Donald Duffy to come swimming at the Togher's house. Duffy had had several drinks before he arrived at the Togher residence, but claims that he was not intoxicated. According to the record in the case, Duffy dove into three feet of water, what he thought was the deep end of the pool. He struck his head on the bottom and suffered very serious personal injuries. Duffy sued the homeowners and a number of other parties. During discovery, the Plaintiff's expert described the pool as being "very unusual," in that it measured 18 feet wide by 36 feet and did not have a deep end or a shallow end. James Togher testified that though he was given "no diving" signs by the pool manufacturer, he chose not to put them up. Renee Togher testified that when she was home, she frequently admonished guests not to dive into the pool. Duffy testified that he saw a ladder, and "figured the pool had a shallow end and a deep end." Duffy's expert testified that by having a ladder at one end of the pool, it was "deceptive." All of the defendants were successful in having the case dismissed, but Duffy appealed. The appellate court found that the case should have gone to a jury. The Toghers contend that they had no duty to warn Duffy. It is not certain whether the high court will accept this personal injury case for review.

Last Tuesday, a woman settled a medical malpractice claim involving West Community Hospital in Sandwich, Illinois for $15.3 million. According to the suit, the woman was admitted to the hospital to deliver her son. The lawsuit claimed that the physician negligently used a vacuum extractor device to deliver the baby. The complaint stated that as a result of the medical negligence, her son was left permanently disfigured, brain damaged, and incapable of living independently. The hospital paid $12.85 million in the settlement, and other defendants paid the balance. Attorneys said it was the largest settlement for a medical malpractice case in DeKalb County.

May 20, 2008

On Monday, lawyers filed a wrongful death lawsuit against a Niles, Illinois nursing home where two men died in a fire last Wednesday. According to the lawsuit, after the fire broke out, staff at the nursing home did not adequately respond to protect the residents. It is unclear whether the nursing home had functioning smoke detectors and whether other safety equipment was working properly. Investigators say that the fire may have been caused by smoldering smoking materials. According to the Plaintiffs' attorney, residents were not awakened by a smoke alarm. Eugene K. Hollander handled a similar wrongful death and personal injury lawsuit in the Circuit Court of Cook County a number of years ago. In that action, an arsonist lit a fire in a stairwell of a courtyard apartment building. An accelerant was used, and the fire spread rapidly. One resident died, and several others were badly injured. The fire department's investigation as to whether the smoke detectors were functioning was inconclusive. The case settled after Mr. Hollander retained and disclosed a smoke detector expert.

The EEOC recently announced a $1.65 million settlement between Connective Energy and four black workers to settle a racial discrimination lawsuit. The workers said that they were subjected to racial slurs, Ku Klux Klan graffiti and a noose that was left hanging for more than a week. One man will receive $250,000 and the others will receive $166,667. The men alleged that the racial harassment occurred in 2002 and 2003 on a construction site at the former Bethlehem Steel site in Pennsylvania. The company was the general contractor and property owner on a project to build a new plant. Under federal law, victims of race discrimination can bring claims under Title VII of the United States Code, which places a cap of $300,000 on punitive and compensatory damages, as well as under 42 U.S.C. § 1981, which does not have a damage cap. Because of the latter federal statute, companies are faced with far more exposure compared to claims of gender, religious, and national origin discrimination which are subject to the statutory cap.

May 19, 2008

The Illinois Appellate Court ruled last Friday that the City of Chicago cannot be held liable for the wrongful deaths of 23 individuals who died in the 2003 E2 nightclub tragedy. The plaintiffs in the lawsuit alleged that the city knew of dangerous building code violations and did nothing to remedy them. The complaint further alleged that the city's response to the nightclub on the date of the incident was deficient. The appellate court reasoned that the city could not be held responsible for the wrongful death claims where patrons, reportedly stampeded toward the exit after they were subjected to pepper spray. An appeal to the Illinois Supreme Court is likely. A similar stampede which occurred in Rhode Island in 2003 caused more than 100 people to die. Settlements in those wrongful death claims have totaled more than $100 million.

May 16, 2008

The Fourth Circuit Court of Appeals has held that former employees may bring retaliation claims against their former employer, if the employer brings a claim against the employee where the action might dissuade the worker from filing a discrimination claim. In the particular case, the company terminated the employee's employment. The employee brought an action against his former employer for failure to pay overtime, in violation of the Fair Labor Standards Act, ("FLSA"). Shortly afterward, the company sued the Plaintiff, alleging that he fraudulently concealed the loss of a sales contract. The Plaintiff then amended his lawsuit, alleging a claim of retaliation. The district court dismissed the retaliation claim, and the Plaintiff appealed. The court dismissed the retaliation claim because it concluded that since he was no longer employed by the company, he could not have suffered an adverse action. The Plaintiff appealed, and the Fourth Circuit, relying upon precedent from the United States Supreme Court, reasoned that "employee" encompasses past as well as current employees. The Fourth Circuit, in part, reversed the lower court ruling. This ruling like others court rulings in the same fashion, is significant in the employment law arena as retaliation claims in the workplace are exploding. According to the EEOC, over 26,000 charges of discrimination alleging retaliation claims were filed in fiscal 2007, which constituted over 32% of all charges filed. Ten years earlier, retaliation claims were less than 23% of all claims filed.

May 15, 2008

A former McClean County woman was awarded $125,000 in damages in a case involving two men who made a sexually explicit videotape of her without her consent. In the woman's lawsuit, she claimed that her former boyfriend, Jeff Young, permitted another man to have sex with her while Young and the other man videotaped the sexual encounter. Both men are serving prison time for unrelated cases. Both men were also acquitted in a criminal case where they were charged with criminal sexual assault and eavesdropping. The woman in the case claims that she may have been drugged. In Illinois, depending upon the facts of the given case, victims of unlawful videotaping during a sexual encounter may bring a claim for assault, battery, and invasion of privacy. Unfortunately, since these claims are usually intentional by nature, insurance will generally not cover the claims. Thus, while the victim may be successful in winning her claim, actually recovering any compensation may be difficult.

May 9, 2008

The mother and brother of Justin Newman, who was allegedly murdered by a Barrington man, Ari Squire, is suing Squire and his wife for wrongful death and conspiracy. According to the allegations of the complaint, Squire lured Newman to his home from his job at Home Depot, for the promise of better paying work. According to authorities investigating the murder, Squire drugged Newman and then switched clothes with him and took his identification. Squire then allegedly set his garage on fire, burning Newman's body beyond recognition. Squire purportedly did this to collect on a $5 million insurance policy. When police attempted to arrest Squire, he shot and killed himself. The suit contends that Squire's wife assisted him with the plot. Squire's wife denies that she was involved in the conspiracy plot. The Plaintiffs hope to obtain a substantial judgment for their wrongful death case, and if successful, will look to the couple's Barrington home and other assets to satisfy any award. Generally, a defendant's insurance policy will not cover intentional conduct such as conspiracy.

April 29, 2008

On Monday, lawyers representing the families and victims of the fire at 69 W. Washington, Chicago reached a global settlement totaling $100 million. In 2003, a fire broke out at the Cook County Administration Building. Plaintiff's lawyers named Cook County, the City of Chicago, and the management company of the building, among others, as defendants in the litigation. The plaintiffs alleged that that the city was negligent in the manner in which the firefighters fought the fire. The Plaintiffs attorneys particularly focused on the conduct of a firefighter who directed fleeing office workers back up a stairwell at the building. That allegation was key in the plaintiffs' efforts to win a ruling from Judge William Maddux in circumventing the law which usually provides immunity to the City for negligent firefighting. The settlement apparently matches a previous $100 million record settlement for a single accident, paid to Reverend Scott and Janet Willis who lost six children in a fiery automobile accident crash. The plaintiffs will receive payments ranging from $159,000 to $11.7 million depending upon their personal injuries and losses. A state investigation which was independent of the civil litigation concluded that building management was negligent in inadequately training its staff and also was negligent by equipping its doors with one-way locks, which prevented victims from escaping. This case will continue to push the bar upward for the value of catastrophic personal injury cases.

April 24, 2008

Yesterday, a woman who claims that she was sexually abused by a former youth pastor at Marquette Manor Baptist Church in Downers Grove filed a lawsuit, alleging that church leaders knew about the abuse but failed to stop it. The Plaintiff's attorney stated that the leadership of the church knew that they had people engaging in inappropriate sexual conduct but did not call police. The woman also seeks damages from the former pastor. The pastor pled guilty last month to criminal sexual assault, and he was sentenced to four years in prison. The woman's abuse took place for about five years in the mid to late 1990's. Charges were not filed until the girl notified a counselor of the sexual abuse. The sexual abuse scandal of the Catholic Church has reached epidemic proportions, where even the Pope has called it shameful. Unfortunately, we believe that more claims of sexual abuse involving priests will be filed in the next few years.

April 18, 2008

On Thursday, the Illinois Supreme Court ruled that municipalities were not immune from retaliatory discharge cases. Gregory Smith was employed as a seasonal maintenance worker by the Waukegan Park District. He claimed that he suffered a work-related injury in May, 2002, and that when he returned after he filed a worker's compensation claim, his employer required him to submit to a drug test. He refused and the district fired him. The Supreme Court stated that it was up to the jury to decide what the real reason why Smith was fired. But the high court rejected the defendant's argument that the employer could not be held liable for the retaliatory discharge claim. The court distinguished its reasoning from a prior case, wherein it held that an employee could not pursue a supervisor for a retaliatory discharge case. We did not anticipate that the court would take a different approach on this case, and thus, we do not believe that it will significantly impact future retaliatory discharge litigation.

April 14, 2008

On Tuesday, April 8, 2008, a Livingston County, Illinois jury returned a record verdict of $14.6 million to a woman who lost a leg while working at a construction site. The Plaintiff, a thirty one year old woman, was working as a flagger and had her back to a concrete cutter. The machine had a nine foot wheel which climbed out of the trench and went out of control. The operator was unable to shut off the machine. The machine ended up cutting off her right leg below the knee. During discovery, the Plaintiff's attorney learned that the company which did maintenance work on the machine rendered the emergency-stop button useless. Defense counsel contended that the operator of the machine did not know that the machine had been modified. The Plaintiff alleged in her suit that the maintenance company was negligent for not removing a rigging device and not recommending that the owner of the machine take it out of service. The jury's verdict broke a previous record high of $1.2 million for a crushed hand. The verdict will likely increase the settlement value of similar construction accident cases where companies act negligently. The highest jury verdict for a woman who lost a leg was the case involving Rachel Barton, a musician involved in a Metra rail accident - the jury in the case returned a verdict of $29.5 million.

April 10, 2008

Last Friday, the Illinois Department of Professional and Financial Regulation launched a website that allows the public to find out whether doctors have settled medical malpractice claims, or whether a claim against them has gone to verdict. The release of the information arose from a compromise made by state lawmakers concerning caps on pain and suffering awards in medical malpractice cases. The site can be found at https://www.idfpr.com/applications/professionprofile/Default.aspx? The site allows a user to search a doctor by county, specialty, or hospital affiliation. Additionally, site users can find out the physician's educational background, where the doctor maintains offices, and whether the doctor participates in state and federal programs. It is expected that insurance companies and the courts will supply the database with medical malpractice settlement and verdict information. The website has information on medical malpractice claims and criminal convictions going back five years. Under current state law, plaintiffs in medical malpractice cases can receive a maximum of $500,000 from a doctor and no more than $1 million from hospitals for non-economic damages. Plaintiffs' lawyers are challenging the constitutionality of the damage cap. We expect that the site will see heavy traffic from attorneys and the public.

March 31, 2008

On March 21, 2008, the Seventh Circuit Court of Appeals ruled that a worker who missed more than 12 weeks of work for an on-the-job injury did not have an actionable claim under the Family and Medical Leave Act, ("FMLA"). Brian Dotson was employed by BRP US, Inc. (formerly known as Bombardier Motor Corporation), and was injured in 2004 while he was working under a boat. He underwent surgery two months following his injury, and was not given the go ahead to return to work by his doctor until five months later. Shortly after his injury, his employer notified Dotson about his remaining time under the FMLA, and that they would count that time while he collected worker's compensation. When Dotson exhausted his time off, BRP fired him. Dotson filed suit, contending that his employer fired him for filing a worker's compensation claim. The federal district court dismissed Dotson's case, and he appealed. In affirming the dismissal of his case, the appellate court stated that an employee in Illinois "may be terminated for excessive absenteeism even if the absence is due to a work-related injury covered by worker's compensation." The court also rejected Dotson's argument that BRP violated the FMLA by requiring him to exercise this leave while he was out on worker's compensation. This case will make it more difficult for workers to establish employment claims once they exhaust their time under FMLA.

March 15, 2008

On March 7, 2008, the Illinois Appellate Court issued a landmark opinion, reversing a trial court's order dismissing a sexual abuse case. The Plaintiff, John Doe, claimed that he was sexually molested by Father Kenneth Roberts in 1984. There were previous allegations of sexual abuse against Father Roberts by others as well. By 1984, the Plaintiff was considering entering the priesthood. Father Roberts came to the Plaintiff's school to speak. During the week that Father Roberts was in residence, Plaintiff sought permission to leave class in order to counsel with Father Roberts about his inclinations toward the priesthood. It was during this session in the parish rectory that the alleged abuse occurred. The Plaintiff did not see the priest again. Ultimately, the Plaintiff elected to pursue an occupational path outside of the priesthood. Plaintiff claimed that he did not understand what took place with Father Roberts in 1984 was inappropriate or illegal. In December, 1998, the Plaintiff went to the emergency room at St. Louis University Hospital and told a doctor that he had been sexually abused. During the course of his treatment there, Plaintiff finally came to understand that he had been injured. The Plaintiff filed his lawsuit against the priest and several diocesan defendants. Plaintiff contended that the diocesan defendants committed fraud in concealing knowledge that Father Roberts had sexually abused children before the Plaintiff encountered him. Father Roberts filed a Motion to Dismiss the lawsuit, arguing that the claim was barred by the statute of limitations. The trial court ultimately dismissed the claim against all defendants on this basis. In 1991, the Illinois legislature enacted a law which enabled childhood sexual abuse victims to file a claim up to his or her thirtieth birthday. Two years later, the legislature lifted the limitation period, called the statute of repose. In 2003, the legislature again changed the law, changing the statute of limitations to ten years, or five years from the date the person abused discovers or should have discovered that they were abused and that their injury came from that abuse. Church defendants in other cases claimed that the earlier repose period was a vested right which could not be taken away from them. These courts agreed with them until this opinion was issued. For the first time, an Illinois appellate court has ruled that the legislature intended to amend the law retroactively which would enable more victims of sexual abuse to bring their claims. This is a significant development for victims of sexual abuse. While we feel that they stand in a better position to litigate their sexual abuse claims in court, the opinion is inconsistent with other appellate court decisions in the state. Until the Illinois Supreme Court rules on the issue, there will likely be some inconsistent rulings in the courts.

March 5, 2008

Federal job discrimination complaints filed by workers against private employers shot up nine percent last year, the biggest annual increase since the early 1990s.

The Equal Employment Opportunity Commission recently released data showing allegations of discrimination based on race, retaliation and sex were the most frequent, continuing a long-term trend.

Overall, the federal agency said complaints increased from 75,768 charges filed in 2006, to 82,792 last fiscal year. That's the highest complaint level since 2002, and the biggest annual percentage increase since 1993.

"Corporate America needs to do a better job of proactively preventing discrimination and addressing complaints promptly and effectively," said the commission chairwoman, Naomi Earp.

Complaints had been trending downward until 2006, when they increased slightly and then spiked last year. "It's possible that there's a trend developing here and employers need to be aware of this," said commission spokesman David B. Grinberg.

Allegations of discrimination based on race were the leading category of complaints - 30,510 in all, or 37 percent of all filings last year, said the EEOC, which enforces federal anti-discrimination laws among private employers.

Charges based on retaliation accounted for 26,663 of the complaints, about 32 percent of all filings with the commission. Retaliation claims rose - for the first time retaliation was the second most frequent complaint, surpassing sex-based charges. Retaliation charges were up 18 percent from the previous year.

Sex discrimination complaints totaled 24,826 of the filings, 30 percent of the overall cases.

Several other categories tracked by the commission also saw double-digit percentage increases from the previous year, including complaints about age and disability discrimination. Complaints about discrimination based on pregnancy saw a big increase, up 14 percent to 5,587 charges last year - a record high.

The only major category to see a decrease was complaints involving equal pay, which slipped from 861 in 2006 to 818 last year, accounting for one percent of all cases filed.

During 2007, 72,442 private sector discrimination complaints were resolved; the commission recovered approximately $345 million in compensation for those who had filed discrimination charges.

March 3, 2008

Today, the Illinois Appellate Court reversed a $27 million jury verdict in favor of Michael Petraski, as the son and guardian of Margaret Petraski, in her suit against a sheriff's deputy and Cook County. On May 28, 2001, the sheriff's deputy was responding to a call involving an unwanted subject on the caller's property. The sheriff's deputy collided with Petraski's car after she made a left turn in front of the deputy sheriff's car. The squad car was travelling between 70 to 75 miles per hour. Petraski was paralyzed as a result of the accident, and a passenger in the vehicle was killed. Before the trial, the judge excluded from evidence that Petraski was intoxicated or consumed alcohol prior to the accident. The County's lawyers wanted to present evidence from a pharmacologist who would have testified what Petraski's blood alcohol level was following the accident. The expert would have testified that Petraski has a blood alcohol level in excess of the legal limit. The appellate court held that the jury should have been permitted to hear the expert's testimony. According to the opinion, "It would have provided the jury with a reason why Petraski turned left in front of an on-coming emergency vehicle, green arrow or not." Instead, according to the court, the Plaintiff was free to argue that the Defendants could not provide a reason why Petraski would have turned in front of the squad car unless she had the arrow.

February 28, 2008

On Wednesday, the United States Supreme Court ruled that an employee who brings a discrimination case should not have their claim dismissed because the EEOC fails to notify the employer of the claim. Usually, for instance in Illinois, to initiate a discrimination case, an employee must file a charge of discrimination with the EEOC, or the Illinois Department of Human Rights. Once filed, the EEOC (a federal agency) or the Illinois Department of Human Rights (a state agency), will notify the employer that a charge has been filed. When the EEOC does so, it attempts to get the parties together to conciliate, or resolve the claim. In the case before the high court, the EEOC admittedly failed to do so and the parties did not have an opportunity to conciliate the age discrimination claim. In this particular case, the Plaintiff, Patricia Kennedy, filed a charge of discrimination with the EEOC in December, 2001. Ms. Kennedy later filed suit, but a federal district court later dismissed her case. The Court of Appeals for the Second Circuit held otherwise, and reasoned that the EEOC's failure to notify her employer should not preclude the Plaintiff's right to sue.

February 27, 2008

The United States Supreme Court has just ruled in a landmark case concerning "me-too" evidence in the context of an age discrimination case. The Age Discrimination in Employment Act prohibits illegal discrimination concerning the terms and conditions of employment for those workers aged 40 or older. In the case that was before the high court, the Plaintiff was a woman who was 51 years old when she was laid off. She sought to introduce evidence from three witnesses who heard supervisors make remarks disparaging older workers. The Plaintiff did not work for any of the supervisors and they played no role in the decision to lay her off. In sum, the Court stated that lower courts need to make case-by-case determinations when deciding to admit this type of evidence in age discrimination cases. The Court reasoned whether this evidence should be admitted in an age discrimination case "is fact based and depends on many factors, including how closely related the evidence is to the Plaintiff's circumstances and theory of the case."

February 15, 2008

A recent decision by the Illinois Appellate Court solidifies the law that an employee may bring a breach of contract case against his employer under certain circumstances. Normally, employees in the State of Illinois are "at-will," meaning that they can be terminated for any reason or no reason at all. The employee will generally not have a claim, unless he can bring a discrimination or retaliation claim. Another option may be a breach of contract claim.

After nearly forty years of employment, Gary Ross was terminated by his employer, Marshall Field & Co. Ross based his breach of contract employment claim on the company's 1968 employee handbook. The Court held that an employee may establish a claim where in the handbook: 1) the employer made a statement setting forth a promise which the employee would reasonably believe that an offer was made, 2) the handbook was disseminated to the employee in such a way that the employee reasonably believes it to be an offer, and 3) the employee must accept the offer by commencing employment or continuing to work. The Court also rejected the employer's unilateral modification of the handbook some twenty years later. The Court stated that there was no "bargained-for exchange" for the new benefits. This case represents a further extension of the principles established in a case which the Illinois supreme court authored in 1987 recognizing the breach of contract claim.

February 6, 2008

Hedrick Humphries worked as an associate manager at Cracker Barrel restaurant. When an acting general manager made racist remarks, he claimed that he made complaints to management. Cracker Barrel terminated Humphries's employment. He then sued Cracker Barrel restaurant, contending that he was retaliated against when he was terminated from his job after complaining of race discrimination. Next month, the United States Supreme Court will hear arguments in the case. At issue is whether retaliation claims can be brought under § 1981 of the Civil Rights Act. Cracker Barrel's position is that this federal law does not make a specific provision for retaliation claims. Not surprisingly, the United States Chamber of Commerce is supporting Cracker Barrel's position, arguing that allowing the Plaintiff's claim would open up the floodgates of retaliation litigation. Bringing a retaliation claim under this provision, is particularly helpful for aggrieved employees - they do not have to comply with timelines for filing charges of discrimination with the EEOC, and there are no caps on damages. In Title VII cases, there is a $300,000 cap on compensatory or punitive damages.

February 1, 2008

The Illinois Supreme Court just agreed to review a state law that imposes strict liability upon an employer when a supervisor sexually harasses a subordinate. In that case, Donna Feleccia brought suit against her employer, the Sangamon County Sheriff's Department. In 1999, Feleccia filed a charge of discrimination with the Illinois Department of Human Rights alleging that Sgt. Ron Yanor, a supervisor in the operations division, sexually harassed her. According to Feleccia, Yanor asked to go to a motel room with her, brought her unsolicited gifts, and left her a fake letter purportedly from the Illinois Department of Public Health informing her that she might have a sexually transmitted disease. Yanor received a brief suspension, and Feleccia contended that the sheriff told her not to file sexual harassment charges. While an administrative law judge recommended dismissal of the Plaintiff's complaint, the Human Rights Commission rejected that recommendation, concluding that Feleccia had been harassed. The Commission stated that the sheriff's department was liable as Yanor was a supervisor. She was awarded a sum for emotional distress damages. The Illinois Appellate Court reversed, reasoning that Yanor was not the Plaintiff's direct supervisor. Specifically, the court stated that Yanor did not have authority to hire, fire, promote, discipline, or otherwise manage the Plaintiff. Since Yanor was merely a co-worker, the court reasoned, the Human Rights Act imposes strict liability only if the employer failed to take reasonable corrective measures. Felecia and the Human Rights Commission sought review from the high court. In its Petition for Leave to Appeal, the Human Rights Commission contended that the appellate court was reading that statute too narrowly as it applied to sexual harassment cases.

January 10, 2008

The Illinois Appellate Court just issued a significant ruling in a wrongful death case. In the case of Bender v. Eiring, the Court held that the biological parents of a woman who died after having a seizure while in foster care cannot recover for their loss of society. The Court affirmed a ruling by the trial court, which dismissed the suit. The biological parents had signed disclaimers in a probate action which barred them from recovering any proceeds from the wrongful death lawsuit. In the wrongful death action, the lawsuit alleged that the foster mother, doctors and others were negligent. The public administrator contended that the woman was left alone on the afternoon when she had her fatal seizure, after suffering one earlier in the day. The woman was taken from her biological parents in 1991 when she was 14 after a juvenile court found that the parents were unwilling to take care of her.

In a recent opinion written by Judge William Hibbler, the court ruled that a former employee of Godiva Chocolatier, Inc. has a right to present her retaliatory discharge case to a federal jury. In the case, the plaintiff was a store manager who began to accumulate reprimands after she sought to obtain worker's compensation benefits. The plaintiff was terminated after working for the company for 7 ½ years. According to the plaintiff, her supervisor terminated her one day after she told her that she had filed a worker's compensation claim. The plaintiff also claimed that her supervisor accused her of lying about her back injury, which required her to undergo surgery for two herniated discs. The evidence also suggested that the supervisor gave the employee undeserved poor performance reviews. In the case before him, Judge Hibbler found that the reasons for the employee's termination were not believable. Specifically, Judge Hibbler concluded that a jury could find that the timing of a reprimand given to the Plaintiff was suspect. The judge also found other evidence could lead a reasonable jury to conclude that there was retaliation, including a call log in which a claims adjuster noted that the plaintiff's supervisor questioned her request for worker's compensation benefits.

January 7, 2008

A federal appeals court reinstated a claim which accused Cook County Sheriff's deputies of violating the Fourth Amendment rights of a man who died while allegedly resisting arrest in a courthouse. In November, 1997, Jack Richman went to the Skokie courthouse with his mother to challenge a traffic ticket. The case was continued and Richman protested. The court held him in contempt and ordered the sheriff's deputies to arrest him. Richman did not go willingly, and the deputies wrestled him to the floor. Richman then died. An autopsy stated that Richman died of heart disease with "restraint hypoxia" as a contributing factor. Richman's then mother filed a civil rights complaint. In allowing the case to proceed, the Seventh Circuit Court of Appeals said that only the reasonableness of the force used should be considered in these cases. Judge Richard Posner, who wrote the opinion, stated that a "reasonable jury could find that the deputies used excessive force."

December 21, 2007

According to a recent report of the Roman Catholic Archdiocese of Chicago, the assets of the church have been boosted to a record $179 million. The financial statements showed that the church paid out a total of $12 million in sexual abuse claims in 2007. Since 2001, the Catholic church in Chicago has paid out $64.7 million in settlements. According to the Diocese, no church contributions are used to fund these sexual abuse settlements.

December 18, 2007

January 1, 2008 may mark a new beginning for aggrieved employees in the State of Illinois. As of the new year, plaintiffs in employment discrimination cases will be able to file lawsuits against their employers in the circuit courts of the state. Generally, before the new legislation, employees who felt that they had been discriminated on the basis of age, gender, race, color, religion or national origin, had to initiate an employment discrimination case by filing a charge of discrimination typically with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). If the charge was filed with the EEOC, it would proceed to federal court. On the other hand, if the charge of discrimination was filed with the Illinois Department of Human Rights, and there was merit to the claim, the discrimination case would be heard by another state agency, the Human Rights Commission. Regardless of where the charge of discrimination was filed, a plaintiff could not file a discrimination lawsuit in the Circuit Court. Generally, most attorneys perceive the federal courts as being friendlier to companies. Often, federal judges would dismiss cases before they reach trial. We expect that more of these cases will survive in state court. Additionally, since the Human Rights Act provides broader coverage compared to its federal counterpart, protecting also discrimination based upon ancestry, military status, marital status, and sexual orientation, we expect to see a huge surge in employment law case filings. Most advocates also see state court juries awarding discrimination plaintiffs higher damage awards than their federal counterparts.

The current law allows a plaintiff to file a charge of discrimination with the IDHR within 180 days of an adverse action, such as a job demotion, a termination, or a failure to promote. Employees who have been sexually harassed or who have been retaliated against can also file a charge. Once the IDHR makes their initial ruling, or if the state agency does not complete their investigation within 365 days, the plaintiff can then bring a lawsuit in the circuit court. A plaintiff bringing their case in state court under the Illinois Human Rights Act, however, may not recover punitive damages. If the case permits, a plaintiff may still be able to seek these damages by asserting certain claims such as intentional infliction of emotional distress or negligent hiring, supervision, and retention. Companies will likely fear that an unpredictable jury may decide the case.

December 14, 2007

In a unique case of misdiagnosis, a Boston jury awarded a woman $2.5 million in damages who received HIV treatments for almost nine years only to discover that she never had the disease in the first place. The plaintiff, Andrea Serrano, claimed that her doctor prescribed a series of drugs which made her sick and caused her to suffer from depression and other illnesses. The plaintiff claimed that her treating doctor did not order definitive tests even after other results showed that she had no HIV in her blood.

Serrano's attorney claimed that this medical malpractice case was one of the clearest cases of misdiagnosis that she had seen. The defendant's attorney had argued that the doctor adhered to the appropriate standard of care when giving treatment to Serrano. The medical center where Serrano was originally tested was not named as a party in the case. Serrano filed the lawsuit in 2003 after she questioned her original diagnosis and had herself tested at another hospital.

This medical malpractice verdict demonstrates that juries will not hesitate to award substantial damages when physicians are clearly negligent, and the injured party suffers greatly.