St. Louis Injury Lawyer Blog

A motorcycle rider from St. Clair County, Illinois has filed a motorcycle accident lawsuit against a road construction company and a car driver from Collinsville.

According to an article in the St. Clair Record, the two men collided on Interstate-55 headed west toward East St. Louis as the Collinsville man merged quickly into the Harley rider's lane to avoid road construction. The accident caused the biker's leg to break in several places.

The lawsuit, filed in St. Clair County Circuit Court, holds both the company that was doing roadwork on the interstate and the car driver responsible for their negligence and loss of consortium. The plaintiff alleged that the construction crew failed to provide enough signs to warn drivers of construction, which promoted reckless driving.

With the advent of text messaging, email, and browsing the internet by phone, reckless driving in construction zones has become a problem in Illinois. As such, the Illinois Department of Transportation (IDOT) has established National Work Zone Awareness Week, which was observed in 2011 from April 4 to 8. IDOT wants Illinois drivers to know that text messaging impairs drivers, and even using a phone in an Illinois work or school zone is now illegal.

Continue reading "St. Clair County, Illinois Harley Rider Sues Collinsville Driver for Wreck" »

Dozens of plaintiffs from St. Clair County, Illinois joined a pharmaceuticals lawsuit against a gastrointestinal drug manufacturer allegedly responsible for neurological disorders in patients using the medicine.

The 70 plaintiffs are listed in the St. Clair Record article posted online. The plaintiffs accuse the makers of Reglan for side effects that affect their brains and cause involuntary movements.

The lawsuit claims that there is no cure for the dyskinesia, a condition that occurs when dopamine receptor blocking drugs cause abnormal movements in those who take them.

Walgreens, which distributed medicines containing the drug, is a defendant in the lawsuit for its alleged negligence in not effectively warning customers of its potential side effects. A slew of brand name and generic drug producers, including Wyeth and Pfizer, are also defendants, all of which are listed in the aforementioned article.

Continue reading "70 St. Clair County, Illinois Residents Join Pharmaceuticals Lawsuit" »

A railroad employee for Union Pacific has filed an employment lawsuit after becoming injured on the job.

The man, who worked for the company for years as a brakeman and conductor, has been treated for injuries to his knee and spine, according to the lawsuit described in a St. Clair Record article. The lawsuit lays the blame on the injuries for years of negligence by Union Pacific, which allegedly failed to provide a safe work environment or take steps toward better ergonomics for employees.

The railroad lawsuit draws a link between the man's injuries and an inability to work or enjoy hobbies, mental anguish, lost wages, and a series of taxing medical bills. The case was filed in St. Clair County Circuit Court.

Although industry and commerce in the United States benefit greatly from the efforts of railroad workers, working for the railroad can be a potentially dangerous proposition. According to a Bureau of Labor Statistics report, railroad workers are more than twice as likely to die on the job as other workers.

Continue reading "Union Pacific Employee from St. Clair County Claims Injuries Due to Negligence" »

Alton, Illinois attorney Michael Glisson from the law firm of WWF&G has filed a personal injury lawsuit with several counts of negligence and violations of the Family Expense Act against a family from Sandwich, Illinois in the county of DeKalb.

The suit claims that the family was partially responsible for the injuries a minor who, with his friend, helped to knock a bee hive to the ground and light it on fire. When the minor defendant poured kerosene or gasoline onto the flames, the contained ignited and exploded, causing burn injuries to his friend, also a minor.

Glisson's lawsuit accuses the minor friend and his parents of negligence: the minor for obtaining and pouring ignitable fluid, which he did not have permission to use, and his parents for failing to supervise the children and exercise ordinary care.

The Illinois Jury Instruction manual defines the concept of "ordinary care" like so:

"A minor is not held to the same standard of conduct as an adult. When I use the words 'ordinary care' with respect to the [defendant], I mean that degree of care which a reasonably careful person of the age, mental capacity and experience of the [defendant] would use under the circumstances similar to those shown by the evidence. The law does not say how such a person would act under those circumstances. That is for you to decide."

Continue reading "Illinois Lawsuit Accuses Defendants of Child Negligence" »

A man from Dorsey, Illinois attacked on his property by two dogs has filed a dog bite lawsuit against their owner.

A pit bull and a doberman mix encroached on the man's property and began attacking his dog as he was mowing the lawn. When he stopped mowing to separate the dogs, the defendants' dogs attacked. According to the lawsuit, the attack with vicious and without provocation.

The man sustained permanent injuries as a result of the incident, including injuries to his left hand, lower back, legs and toes.

The lawsuit, filed by Michael Glisson from the law office of Williamson, Webster, Falb & Glisson in Alton, Illinois, contains one count of negligence and one count of violating the Animal Control Act. The suit argues that the owner of the pit bull and doberman were negligent in their care of the animals, failing to train them, leash them and prevent them from entering another person's property with full knowledge that the dogs were dangerous.

Glisson's suit, filed in Madison County Circuit Court, also claims the owners should have euthanized the dogs due to their propensity for violence.

According to a stats and tips sheet released by the County of Los Angeles Public Health Department, homeowners' liability insurance covers more than $1 billion a year in dog attack claims. Safety tips offered by the department include being still when approached by an unfamiliar dog, avoiding eye contact, and refraining from petting a dog that is sleeping or eating.

Continue reading "Dorsey, Illinois Pit Bull Owner Sued" »

A woman from Wood River, Illinois is suing the city following the wrongful drowning death of her four-year-old son.

According to a report in the Madison County Record, the lawsuit accuses the City of Wood River for creating unsafe conditions for children. The plaintiff's child had walked through a tunnel and onto a spillway, where he slipped, fell, and was drowned in a retention pond. The suit contends that the city could have done more to prevent children from entering the tunnel, as children had been entering the same tunnel for years in order to swim in the retention pond.

The personal injury lawsuit, filed in Madison County Circuit Court, seeks damages for loss of society and mental anguish caused by the child's untimely death, which allegedly could have been prevented by safer conditions. Six counts are included in the complaint for a total of $300,000 in damages sought.

Going for a swim may seem an innocent enough prospect for children. Yet statistics show that parents should be wary of allowing young children to swim or be near water without supervision. The Centers for Disease Control and Prevention (CDC) reports that drowning is the leading cause of injury death for children ages 1 through 4.

Continue reading "Wood River, Illinois Woman Suing for 4-Year-Old's Drowning Death" »

Several family members died in a car accident in the Hancock County, Illinois town of Hamilton.

The lawsuit filed by attorneys Tom Falb and Michael Glisson of Williamson, Webster, Falb & Glisson against a tavern that served the drivers states that the order of death was unknown, but four people all died from the same wreck. Also named in the lawsuit are the builders and maintainers of the road in a subdivision which was unlit, unmarked and dangerous to drivers.

The fatal wreck occurred on a foggy night. The road was a gravel and chip road with dips and curves, most notably a 90-degree curve between two ponds with deep embankments from near the edge of the roadway into each pond. As the driver attempted to make the sharp turn, the vehicle slid into the pond and caused massive car damage and drowning.

The wrongful death lawsuit claims that the roadway owners were neglectful in maintaining a proper level of safety for drivers using the road.

Alton, Illinois-based attorneys Tom Falb and Michael Glisson's lawsuit filed in Hancock County Circuit Court seeks damages for 64 counts against the defendants, including premises liabilities, wrongful death, survival acts, and dramshop violations.

According to the Federal Highway Administration, although only 23 percent of Americans lived in rural areas, 53 percent of fatal vehicle accidents occurred on rural roads in 2007. The study explained that this may be due to a number of factors, including the greater distance to hospitals, higher speeds of driving due to less traffic, a lack of shoulders and marked lane dividers, lower safety belt usage, and a higher likelihood of alcohol involvement.

Continue reading "Hancock County, Illinois Auto Accident Death Leads to Lawsuit" »

A 16-year-old from Calhoun County, Illinois who was injured in a go-kart accident has received a confidential settlement in a personal injury case.

The incident occurred at a party supervised by parents who did not require the minors riding go-karts to wear helmets. The go-kart track was not secured and, in fact, there was barbed wire not far away.

The potential for danger became a reality when the brakes went out on the go-kart. The minor drove directly into a barbed wire face, permanently scarring his face and resulting in expensive medical bills.

The personal injury suit, filed by Michael P. Glisson from the law firm of WWF&G, claimed that the accident was caused in part by parental neglect. Had the adult supervisors provided or required helmets, or provided a safer riding area, the injury sustained would have been much less severe.

A settlement was reached after depositions but before the case went to trial.

In a study published in 1998 by the Consumer Product Safety Commission, statistics showed that 65% of those hospitalized for go-kart injuries were children under the age of 15. More than 10,000 people on average were hospitalized each year.

Continue reading "Calhoun County, Illinois Go-Kart Accident Results in Settlement" »

The parents of a child born at Memorial Hospital in Belleville, Illinois have filed a birth injury lawsuit claiming that the child is suffering from cerebral palsy due to a doctor's negligent treatment.

According to an article published in the St. Clair Record, the medical malpractice lawsuit claims the infant did not receive enough oxygen to her brain during delivery, which led to brain injury and cerebral palsy.

The disorder causes children to become developmentally disabled and can lead to pain and disfigurement. Medical care for children with cerebral palsy can become quite costly for parents.

A study by the Healthcare Cost and Utilization Project concluded that 157,700 injuries to mothers and newborns could have been prevented in 2006 alone. A disturbing trend emerged in the study, demonstrating that children born in rural areas were more likely to suffer birth injuries than children born in metropolitan areas.

Continue reading "Parents Allege Child Born at Belleville, Illinois Hospital Suffered from Brain Injury" »

A pair of brothers from Marine, Illinois were hurt in an ATV versus pickup truck collision.

The boys, aged 5 and 6, were riding the all terrain vehicle down a road to their grandmother's house when a truck hit them. Fortunately, their injuries did not appear to be catastrophic.

According to an article in the Telegraph, their mother and grandmother witnessed the accident, and the boys were taken to a hospital by ambulance. The driver claimed the boys pulled out of a driveway just as she was approaching, and the grandmother warned them not to drive out into the street.

The news story concluded with a message from the Madison County Sheriffs' Department cautioning parents about child ATV safety and noted that criminal charges were being considered. The article, however, does not present the mother's side of the story or indicate whether the charges would have been negligence on the part of the parents or the driver.

An ATV safety government site reports that 46 ATV-related deaths were reported in the state of Illinois between 2006 and 2009. From 1982 to 2006, 58 children under the age of 16 died in ATV wrecks in Illinois, which averages out to a figure between 2 and 3 children each year.

Continue reading "Marine, Illinois ATV Riders Injured in Pickup Truck Collision" »

A tree trimming service employee sued John Deere and ERB Equipment Company of Illinois, Inc. for unsafe design of a tractor.

The product liability suit, filed in June of 2006, followed a November 2002 injury in which a man was using a John Deere bobcat with a tree grappler attachment to remove trees and stumps. Holding a nearby handle, the plaintiff was standing on the grappler when the bobcat pitched forward. The man fell off the equipment and was run over.

The plaintiff alleged that John Deere was negligent in its design of the bobcat, which encouraged users to stand in a place that put them at risk for falling. Other employees had stood on the grappler, believing that the placement of a handle near the scoop meant they could safely stand there.

Represented by Michael Glisson from the law office of Williamson, Webster, Falb & Glisson, the plaintiff received a settlement by mediation.

According to the Bureau of Justice Statistics, plaintiffs received favorable outcomes in product liability lawsuits only 34% of the time from 2002 to 2003, as compared to 57% success in car accident cases.

Continue reading "John Deere Successfully Sued in Product Liability Case" »

A woman visiting an Alton, Illinois hospital is suing the facility for failing to prevent slips and falls on their premises.

The plaintiff was visiting her husband at St. Clare's Hospital on the day of the accident. She was caring for her husband, who was in outpatient care, when she slipped and fell on a dangerous condition. According to the Madison County Record, the accident broke a knee cap, a wrist and a rib.

The primary claims made in the case are that the owners failed to keep the hospital safe for patients and visitors, which has cost the plaintiff thousands of dollars in medical bills and undue stress. Her lawsuit was the last to be filed in Madison County for the year 2010.

According to the Occupational Safety & Health Administration, preventing slips and falls by reducing hospital hallway clutter and drying wet surfaces is important for maintaining a safe environment. At the very least, wet floor areas should be marked with signs. Spills can also lead to mold and bacteria growth, which contribute to hospital-associated infections.

Continue reading "St. Clare's Hospital Accident Leads to Slip and Fall Lawsuit" »

A woman from Madison County, Illinois who sustained injuries due to a transportation company's negligence has resolved her claim. She previously filed a personal injury lawsuit against Helping Hands Medical Service Car, Inc. alleging negligent transportation.

In February of 2008, the wheelchair-bound plaintiff used the services of Helping Hands for transportation purposes. She just had a knee replacement surgery, and was in a full leg cast. She hired Helping Hands to transport her to a follow up doctor's visit.

Despite locking her wheelchair down, Helping Hands failed to secure her with a seatbelt. Seatbelts are required by Helping Hand's written policies, but the driver failed to bring a seatbelt. The Plaintiff was assured that she would be okay, but at the very first stop light, the driver had to stop abruptly, causing the plaintiff to spill forward out of the wheelchair.

As a result, the accident did permanent damage to the plaintiff's body, including a fracture of her femur bone. The accident caused the plaintiff pain and suffering and a great deal of medical expenses, for which she sought damages against Helping Hands.

According to the Illinois General Assembly, car services that transport disabled passengers are government-subsidized services. Such companies should be held to a higher standard as they use tax dollars and should provide quality, safe services to the people of Illinois. In fact, transportation services in Illinois are common carriers, and are held to the highest standard of care.

Continue reading "Madison County Illinois Woman Resolves Negligence Suit Against Car Service" »