Wrongful Death

April 10, 2018

When You Can Sue an Illinois Employer for the Criminal Acts of Its Employee

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

Illinois law allows injured people to hold employers liable for the acts of their employees in certain situations. While the law generally says that one party cannot be liable for the criminal acts of another, the law does demand that employers “act reasonably in hiring, supervising and retaining” their employees. In order to succeed under Illinois law, you must show that the employer knew or should have known that the employee in question posed a danger to third parties (and that this problem was known at the time of hiring or retention), and this problem was the cause of the plaintiff’s injuries. If you’ve been injured because an employer didn’t do enough to stop one of its employees, you may have a case and should consult Illinois injury counsel about your circumstances.

The details of one recent federal case were truly tragic. Alisha, who was from just outside Chicago, had worked for a “big box” home improvement store since she was 16. During her five-year tenure with the store, Alisha only had one supervisor. That supervisor allegedly verbally abused her at work and monitored her activity both during and outside work. The supervisor also required that she accompany him on business trips. Eventually, he demanded that she accompany him to his sister’s wedding in Wisconsin, threatening to reduce her hours or terminate her employment completely if she refused. She went. After the wedding, he raped and killed her.

Alisha’s mother, Sherry, sued the employer for wrongful death. She argued that the employer knew about the supervisor’s disturbing propensities and did not do enough. By failing to take appropriate steps, the employer was liable for the supervisor’s violent acts.

November 22, 2017

Party Bus Accident on Chicago Interstate Highway Leads to One Death and Legal Action

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

When you are injured in a bus accident, you may have multiple different ways that you can secure a legal recovery for the damages you suffered. If the driver of the bus drove the vehicle in a manner that was not consistent with reasonable standards of safety, that may create liability. If the owner did not maintain the bus properly in terms of safety or if the bus had safety issues in the way it was manufactured, these too could create a viable case. However you’ve been injured in a bus accident, you should contact knowledgeable Illinois bus accident counsel to help you protect and pursue your case.

One tragic recent bus accident situation involved a suburban Chicago man. Jimmy was out with friends on the night of June 2, 2017 to celebrate the birthday of a former co-worker. To facilitate the festivities and promote safety, none of the group was driving – they traveled aboard a party bus. At a little before 3:00 am, the group was still traveling and partying. They were headed northbound on the Tri-State Tollway when Jimmy got up to turn up the volume on the bus’ radio, according to Patch.com.

However, as Jimmy reached for the volume knob, something went wrong. He tripped and fell, and, when he did, he tumbled down the bus’ stairs toward the doors. When he hit the doors, the doors flung open, leaving Jimmy to fall out of the bus and onto the surface of the I-294 travel lane immediately to the bus’ right. The driver of an SUV, who did not stop, ran over Jimmy and killed him, according to the Patch report.

October 12, 2017

Illinois’ 2011 Workers’ Compensation Reform Substantially Reduced Benefits Paid to Medical Providers and Injured Workers

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

Click here to read the full press release from the National Academy of Social Insurance

July 13, 2017

Illinois Appeals Court Affirms Judgment and $1.8M Damages Award for Family of Deceased Bicyclist

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

In a personal injury case, you’ll likely need a variety of types of evidence to support your claims. This might include expert opinions, eyewitness testimony, document evidence, and photographic evidence. In the recent wrongful death case of a Chicago-area bicyclist, the bicyclist’s family had all of these things. With this substantial evidence backing up the plaintiffs’ case, the Illinois Appellate Court ruled that the trial court was not unreasonable in finding for the plaintiffs and awarding $1.875 million in damages.

April 17, 2017

Wrongful Death Lawsuit by Parents of Deceased Illinois Student Highlights the Risks of Hazing

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

Schools at all levels, as part of the responsibility entrusted to them to safeguard the safety of their students, face the ongoing problem of hazing. One case that made headlines was the death of a pledge who passed away after a night of excessive drinking at an Illinois university fraternity house in November 2012. The case yielded the criminal prosecution of 22 students and a wrongful death lawsuit by the parents of the dead student. A ruling last year by the First District Appellate Court revived the parents’ civil case and gave them a renewed opportunity to recover compensation for the wrongful death of their son.

April 14, 2017

Family Sues After Student with Special Needs Drowns in Chicago High School Pool

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

In any school setting, school officials are responsible for the school’s students…all of those students, regardless of need. In any school, there are some students whose special needs may mean that extra steps are necessary to do a proper job of safeguarding those students’ physical well-being. According to a Chicago family’s lawsuit, a school’s failure to care properly for a 14-year-old boy with autism before allowing him in the school pool ended with the boy dead.

According to reports by multiple news sources, including the Chicago Tribune, the tragic drowning took place this past January at a Chicago public high school on the city’s southwest side. A group of students with special needs was using the school’s pool when it was discovered that one of the students was at the bottom of the pool. The boy was retrieved from the water, and attempts were made to try to revive him; however, he was already dead.