Vested Interest - Tort Briefs - November 2006 Issue

Illinois Jurisdiction for Injured Driver

Petitioner working for over-the-road trucking company residing in Illinois but traveling in several surrounding states on a daily basis, sustained work-related injury while in Indiana. Petitioner kept the truck at his home in Illinois daily after runs were completed. Illinois jurisdiction disputed by employer and ultimate arbitrator decision in plaintiff's favor determining Illinois jurisdiction. Employer appealed and arbitrator's decision affirmed.

Hospital Settles Within 4 Months of Med Mal Occurrence

Provena St. Joseph Center in Joliet settled a medical malpractice case within four months of the suicide attempt of a 64-year-old unmarried, childless schizophrenic who remains in a coma. In addition to non-economic damages, the hospital agreed to set up a trust fund to pay for medical care. If she dies before the trust is used, remaining balance goes to the estate. If the fund is depleted, Provena will replenish the expense trust and continue to do so for life.

Pool Owner and Management Agree to Settlement Following Quadriplegia

13-year-old female member of local swim team suffered initial quadriplegia when performing racing dive off starting block into water 4-1/2 feet deep, but marked as five feet deep. She has improved, but was left with severe neurological injury and disability, restricting her ability to walk, grasp things and perform tasks of daily living. Plaintiff claimed defendants pool owner and team and pool management were negligent in mis-marking water depth by one-half foot and by permitting dives into water less than five feet deep from starting block. Plaintiff settled with pool owner and team. Defendant pool management denied summary judgment because release expressly excluded releasing swim coach.

Gynecologist Settles Malpractice Case

An Oak Brook gynecologist agreed to settle a malpractice case arising out of an outmoded, unconsented-to surgery. Plaintiff asked the doctor to remove a fibroid. In addition to that, while she was anesthetized, the doctor performed a uterine suspension procedure, for which consent was not received. Surgery caused intractable pelvic pain that makes intercourse impossible. Earlier this summer, a jury found the doctor liable for performing a bladder lift procedure without informed consent, causing similar injuries.

Settlement in School Bus Rollover

Settlement reached on behalf of a 12-year-old boy who was permanently disabled after a school bus rollover accident. The bus veered onto the shoulder of the roadway and became entangled in guardrails left on the shoulder of the roadway by two companies contracted to install the guardrails. Plaintiff alleged that the defendant contractors were negligent in that they violated the Manual on Uniform Traffic Control Devices and the Standard Specifications for Road and Bridge Construction by improperly storing equipment on the shoulder of the roadway without taking proper precautionary measures.