Chicago Personal Injury Lawyer Blog

David Abels & Associates, P.C. is currently acting as co-counsel with the firm of Hilfman, Martin & Barr P.C. in a lawsuit against the Archdiosese of Chicago relating to the sexual misconduct of Father Daniel McCormack. Last week the Court heard the Plaintiff's Motion To File an Amended Complaint Seeking Punitive Damages against the defendants. This motion was argued by Bill Martin. The Honorable Jeffrey Lawrence denied the motion, but Judge Lawrence said that he would be willing to hear the motion again after the parties complete some discovery.

The Court focused on the information contained in the report of the Archdiocese's consultant, Defenbaugh, and specifically commented on 1999 reports from Sister Mary Therese Cusack to the Archdiocese relating to improper conduct by McCormack. The court indicated that the allegations in the plaintiff's motion may be sufficient to allow the plaintiff to pursue punitive damages, but that these allegations required additional legal evidence in the form of depositions or affidavits. Plaintiff's counsel intends to take the depositions of Archdiocesan personnel and to resubmit this motion to the court.

Daniel McCormack has plead guilty in criminal court to abusing five boys. He is serving a five year prison sentence.

Continue reading "In Dan McCormack Sex Abuse Lawsuit Against Archdiosese, Judge Denies Punitive Damages Motion - Willing To Reconsider Issue After Further Discovery" »

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Posted In: Injuries to Children & Minors , Legal News , Sexual Abuse

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In Chicago, Illinois a teenager riding a skateboard was hit in a crosswalk by a vehicle that failed to yield the right of way. The teen's parents have retained David Abels & Associates, P.C. to prosecute the claim.

The accident took place at 117th and Avenue J on the South Side on April 17th. Our client was on 117th crossing Ave. J in a crosswalk and he had no stop sign. The driver of the car was on Avenue J, had a stop sign, and did not see the plaintiff when she pulled out of the stop.

Our client sustained a fractured nose and two fractured teeth. He had to undergo an emergency root canal shortly after the accident and he is also being treated by a medical doctor for his broken nose. He was also treated in the emergency room at St. Margaret's Hospital in Hammond, Indiana.

The Chicago Police Department ticketed the driver with failure to yield. The defendant is insured by State Farm.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Injuries to Children & Minors , Pedestrian Accident , Personal Injury

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On Monday night an 8 year old child was hit and killed by an SUV on the South Side of Chicago just before 10 p.m., according to the Chicago Tribune and several other news outlets. The driver of the SUV, Theresa Alexander of Chicago, has now been charged with driving under the influence of alcohol, negligent driving and driving without insurance. The SUV vs. pedestrian accident occurred in the 5600 block of Princeton Avenue in the Englewood neighborhood.

The boy, Tishaun Fields, reportedly was crossing the street when he was hit by a northbound Jeep Grand Cherokee. He was pronounced dead a short time later at the University of Chicago Comer Children's Hospital.

The Chicago pedestrian accident was initially thought to be a hit and run, but the driver returned to the scene shortly after the collision according to police. The Chicago Police Department's Major Accident Investigation Unit is handling the crash investigation. The driver is scheduled to appear in traffic court on May 15. There is no word yet if the charges will be upgraded to felonies.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Injuries to Children & Minors , Pedestrian Accident , Personal Injury , Uninsured Motorist Claim , Wrongful Death

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On Monday night an 8 year old boy was struck and killed by an SUV on the South Side of Chicago just before 10 p.m., according to the Chicago Tribune and several other news outlets. The pedestrian accident happened in the 5600 block of Princeton Avenue in the Englewood neighborhood.

The child, Tishaun Fields, reportedly was crossing the street when he was hit by a northbound Jeep Grand Cherokee. He was pronounced dead a short time later at the University of Chicago Comer Children's Hospital.

The driver was reportedly in police custody as of early Tuesday, but no charges have yet been filed and no tickets have been issued. The Chicago Police Department Major Accident Investigation Unit is investigating the accident and they have stated she may face charges of drunken driving and striking a pedestrian in the roadway, according to NBC 5 News. The pedestrian accident was initially thought to be a hit and run, but the driver returned to the scene shortly after the collision according to police.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Injuries to Children & Minors , Pedestrian Accident , Personal Injury , Wrongful Death

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Chicago, Illinois motor vehicle accident lawyers from David Abels & Associates, P.C., working in conjuction with the firm of Elman & Elman, have reached a bodily injury settlement with Laidlaw Transit, Inc. as a result of a school bus accident that occurred on Bryn Mawr Ave. in Chicago, Illinois in May of 2005. Our clients are an adult and two minor passengers that were riding on a Laidlaw bus that was rear ended by another Laidlaw bus on the North Side.

Our clients were taken to local area hospitals in Chicago with soft tissue back and neck injuries. They also had follow up treatment with their own doctors as well. The case was resolved against the the bus company for a combined total of $46,000 after a lawsuit was filed and the case was proceeding through discovery in the Circuit Court of Cook County.

Continue reading "Chicago Personal Injury Attorneys Reach School Bus Accident Settlement" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Back and Neck Injuries , Injuries to Children & Minors , Personal Injury , School Bus Accident , Settlements & Verdicts

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In Henry County, Illinois a fatal single vehicle car crash has left 2 people dead, according to Galesburg.com. Burton Empson (61) lost control of his car on a slick road while driving north on Illinois 82 near Illinois 17 on Monday afternoon. He drove into a ditch and hit a tree. Empson and his wife, Rosemary Empson (57) were pronounced dead at the scene. The couple's 10 year old grandson was also in the car and was not seriously injured. He was taken to OSF St. Mary Medical Center in Galesburg, Illinois. The couple was reportedly headed to Geneseo, Illinois. The Henry County Sheriff's Department is investigating the deadly accident.

From an Illinois injury lawyer's view, while it is not pleasant to talk about in a deady car accident, the family of Rosemary Empson will be able to make a wrongul death claim against the couple's auto insurance policy. The fact the couple was married does not bar the family from recovering on the insurance policy. Further, the 10 year old minor's family will be able to make a personal injury claim on the couple's auto insurance policy for injuries sustained in the Quad City area auto accident.

Continue reading "Illinois Single Car Accident Kills 2" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Injuries to Children & Minors , Wrongful Death

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A Rockford, Illinois auto accident has resulted in the death of a 13 year old girl, and others were also injured, according to Rockford's NBC 13. The accident occurred in icey conditions on Sunday near the Rockford Chicago Airport around 11:30 on Eastbound Kishwaukee Road. A 20 year old woman lost control of her car and slid into a vehicle traveling the opposite direction. Her 13 year old sister was in her car and died at the scene.

A mother and daughter in the other car were seriously injured, but they are expected to be ok. They were taken to Swedish American Hospital. Police are saying that this weekend's weather played a factor in the accident.

From a personal injury lawyer perspective, the Estate of the 13 year old will have a claim against the sister. The fact that they were family members in no way bars wrongful death claims in the State of Illinois. The injured women in the other vehicle also have a claim against the driver that hit them. Bad & icey weather is also not a defense. A driver in Illinois has a duty to not drive too fast for road conditions.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Injuries to Children & Minors , Wrongful Death

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Outside O'Fallon, Illinois last Friday an Illinois State Trooper lost control of his squad car and collided head on with another vehicle on Interstate 64. Two witnesses have stated that before the auto accident the police car was traveling at an excessive rate of speed without its siren on, according to the Belleville News Democrat. The motor vehicle accident killed two sisters, Jessica Uhl, 18, and Kelli Uhl, 13 of Collinsville, Illinois.

One witness stated the trooper passed by her before the accident traveling at more than 100 mph. A few seconds later the trooper crossed the median and slammed into a Mazda driven by Jessica Uhl. Illinois State Police Officials stated the officer was responding to another accident on Illinois 4 when he was cut off by another car and forced onto the grassy median.

Illinois State Police are still investigating the car crash and reviewing video taken from the State Police Car.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Injuries to Children & Minors , Wrongful Death

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