Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

March 5, 2010

Cook County Wrongful Death Lawsuit Blames Tire Defect for Fatal Van Rollover that Killed Father and Son

A Cook County woman who lost her husband and son when the 1984 Chevrolet Astro Van they were riding in rolled over on March 3, 2009 in Mexico is suing the Cooper Tire & Rubber Company. Alicia Mendoza and Roberta Graff filed their Cook County wrongful death lawsuit over the deaths of Jose L. Mendoza Sr., Jose Mendoza Jr., and Leonardo Medina. Graff submitted the complaint on behalf of Medina.

According to their Illinois wrongful death complaint, the catastrophic van accident happened because of a tire defect that resulted in tire tread separation and failure.

Also named as defendants in the Illinois wrongful death complaint are Martha and Ruben Mendoza. They lent the van to the deceased. The lawsuit is seeking over $300,000 from the Mendozas and over $600,000 from the tire company.

Common Kinds of Tire Defects:

• Tire failure
• Tread separation
• Tire blowouts
• Rim blasts
• Tire explosions

Tire issues can occur because of design flaws, manufacturing defect, or due to negligence during installation/repair. In the event that a tire blowout happens or tread separation occurs, there is a good chance that a driver can lose control of the vehicle, causing the auto to crash into other cars or roll over. Spinal cord injuries, head injuries, traumatic brain injuries, paralysis, quadriplegia, paraplegia, and death can result.

Tire manufacturers, retailers, and tire repair and installation shops are supposed to make sure that tires are in proper working condition, no defects exist, and no maintenance errors are made that can cause a tire-relate crash to occur. Injured parties may have grounds for filing a Chicago, Illinois defective tire lawsuit or wrongful death complaint.

Suit: Defective tire led to triple-fatal crash, Chicago Sun-TImes, February 26, 2010

Related Web Resources:
Products Liability, Justia

Motor Vehicles, Recalls.gov

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February 21, 2010

Evanston Car Accident Lawsuit Seeks Cook County Wrongful Death Compensation in Death of Senior Pedestrian

An Illinois wrongful death lawsuit has been filed on behalf of Mavis L. Stonick, a 71-year-old woman who died from injuries she sustained in a Cook County pedestrian accident last year. Mavis L. Stonick was trying to cross Sheridan Road close to Foster Street on October 27, 2009 when she was hit by driver Judy Lowrance.

Witnesses say that Stonick was walking against the light when the Mercedes-Benz hit her. Rainy weather and darkness may have contributed to the Cook County car crash.

According to the Evanston wrongful death lawsuit, Lowrance was driving too fast for traffic conditions and neglected to keep a proper lookout. The complaint is seeking over $200,000.

Chicago, Illinois Motor Vehicle Accidents
Drivers are supposed to keep a proper lookout, follow traffic laws and traffic signs/lights, driver sober, and obey the speed limit. If weather conditions require, a driver must adjust the vehicle’s speed accordingly so that he/she don’t get involved in a Chicago car crash or a pedestrian accident.

For a person who gets hurt because a motorist was reckless, careless, or negligent, the physical, emotional, psychological, and financial tolls can be devastating. Fortunately, injured parties can turn to the civil court system to demand compensation from the liable party or parties. In some instances, settling may be the best option. Other cases will require that you take your Chicago, Illinois car crash complaint to trial.

It is important that you NOT settle without speaking to an experienced Chicago, Illinois personal injury lawyer first.

Wrongful death lawsuit filed in Evanston death, Chicago Sun-Times, February 16, 2010

Estate of struck Northwestern pedestrian files lawsuit, Daily Northwestern, February 15, 2010

Related Web Resources:
Pedestrians, Traffic Safety Fact Sheet, NHTSA

City of Chicago, Pedestrian Program

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February 15, 2010

Parents File Illinois Wrongful Death Lawsuit Over Chicago Car Crash that Claimed Toddler’s Life

The parents of Joshua Molina, Jr., 13 months, are suing driver Putiporn Kaewmooka for their son’s Chicago, Illinois wrongful death. Joshua Molina and two adults, Aldo Maldonado and Orlando Rodriguez died in a Chicago car accident on February 1 when Kaewmooka struck the vehicle they were riding as he was fleeing from another auto accident site.

According to the couple’s Chicago car accident lawyer, Kaewmooka was driving at speeds of about 80 to 100 mph, not driving in the correct lane, and did not have his car lights on even though it was late at night. Kaewmooka’s Toyota Camry struck the vehicle Joshua Molina Sr., who was turning left.

Young Joshua, who was in a child safety seat, was knocked out of the car seat that he was fastened into and struck the rear window. Rodriguez and Maldonado, who were Joshua Molina Sr.'s best friends, were riding in the backseat of the car with the toddler. Maldonado was thrown from the vehicle.

Amy Alanis and Joshua Molina’s Chicago injury lawsuit is seeking at least $50,000 from Kaewmooka for their personal injuries and their son’s wrongful death.

Kaewmooka, who was charged with traffic citations, has been released on bond. The couple’s lawyer doesn’t believe that police charged Kaewmooka with the proper citations or crimes.


Couple Sues Driver in Crash that Killed Baby, Two Friends, MSNBC, February 12, 2010

Couple sues man in crash that left their baby, two friends dead, Chicago Sun-Times, February 8, 2010

Chicago Car Accident Claims Lives of 13-Month Old Boy and Two Adults, Chicagocaraccidentattorneysblog.com, February 3, 2010


Related Web Resources:
Wrongful Death, Nolo

CyberDriveIllinois

Continue reading "Parents File Illinois Wrongful Death Lawsuit Over Chicago Car Crash that Claimed Toddler’s Life" »

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January 19, 2010

Villages of Wheeling, Buffalo Grove, and Gurnee Settle Cook County-Lake County Car Accident Lawsuits Over 2006 Police Pursuit that Killed One Teen and Left Another with a Traumatic Brain Injury

The villages of Gurnee, Wheeling, and Buffalo Grove have settled the Illinois car accident lawsuits filed on behalf of three teenagers who were involved in a July 23, 2006 catastrophic motor vehicle crash involving a U-Haul truck and its driver, who was fleeing police at the time.

16-year-old Corey Diamond died from his injuries. His friend Elliot Cellini is still recovering from a traumatic brain injury. Brandon Forshall sustained non-life threatening injuries during the car accident, which occurred at the Wheeling-Buffalo Grove border.

The catastrophic car collision occurred when U-Haul driver Ralph Lewis drove through a red light while trying to escape police and crashed straight into the vehicle carrying the teenagers. Lewis had rented the truck so he could fill it up with stolen goods to pay back money for drug-related debts.

Witnesses say that Lewis was driving through the suburbs at a very high-speed as a Gurnee police officer chased him. At different times, Lewis may have been driving anywhere from 50-80 mph. He was convicted of first-degree murder in 2008 and is serving a 45-year-prison term.

Wheeling’s board is expected to approve settlements of $18,000 to Diamond’s estate for his wrongful death, as well as $40,000 to Cellini and $2,000 to Forshall for their personal injuries. Late last year, the village of Buffalo Grove’s board approved settlements of $50,000 to Forshall, $500,000 to Diamond’s estate, and $1,000,000 to Cellini. Gurnee settled all of the lawsuits for $50,000. The village of Buffalo Grove is paying the plaintiffs the most because their officers were the lead agents involved in the police chase, which they failed to call off before it turned deadly.

Last year, Diamond’s mother, Melanie, spoke about how his son’s death has left her family “forever incomplete.” Cellini says his personal injuries from the accident have placed him in a “personal prison."

There may be more than one party who should be held liable for your Chicago car accident injuries or your loved one’s wrongful death.

Villages to settle lawsuit in fatal car chase case, Daily Herald, January 19, 2010

U-Haul driver convicted of murder in chase, fatal crash, Chicago Tribune, July 25, 2008


Related Web Resources:
Village of Wheeling, Illinois

Village of Buffalo Grove, Illinois

Village of Gurnee, Illinois

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January 9, 2010

Wrongful Death Lawsuit Filed in Wrong-Way Drunk Driving Accident that Killed Eight on Taconic Parkway

Nearly six months after 36-year-old Diane Schuler drove the wrong-way on the Taconic Parkway while she was allegedly drunk and high, the family of two of the eight victims that died is filing a wrongful death lawsuit against her estate. The tragic car crash, which occurred on July 26, claimed the lives of Schuler, three of her nieces, her two-year-old daughter, 81-year-old Michael Bastardi, his 49-year-old son Michael, and their friend 74-year-old Daniel Longo. Schuler’s 5-year-old son Bryan survived the wrong-way car crash with serious injuries, including severe head trauma.

The motor vehicle accident made national headlines after Schuler drove the wrong-way for nearly two miles, disregarding signs and ignoring the warnings of other drivers. According to a toxicology report, Schuler had marijuana in her system and the equivalent of 10 liquor shots in her bloodstream. She and the kids were coming home from a camping trip when the auto collision happened. A broken bottle of vodka was discovered in the minivan’s wreckage.

The wrongful death lawsuit accuses Schuler of reckless, wanton, and willful actions, driving while under the influence of alcohol and drugs, and disregarding other motorists' warnings that she was driving her minivan the wrong-way. According to the civil complaint, the Bastardis experienced mental trauma, terror, pain, suffering, and serious personal injuries prior to their death. Schuler’s brother Warren Hance is also a wrongful death defendant. He owned the minivan that Schuler was driving.

Schuler’s husband Daniel refuses to accept autopsy findings that his wife was drunk and high. He says an undiagnosed medical problem may have caused her erratic behavior that day. However, according to one report, he told police his wife occasionally smoked pot to alleviate stress.

Suit Filed in Wrong-Way Crash That Killed 8 on Taconic, NY Times, December 10, 2009

Loyal To The End: Grieving Schuler Denies Reports, WCBSTV, August 7, 2009

Related Web Resources:
Insurance Institute for Highway Safety

National Highway Traffic Safety Administration

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January 4, 2010

West Chicago Teen’s Family Files Kane County Car Accident Lawsuit Against His Former Classmate

The family of 17-year-old Cameron Godee is suing 18-year-old Onofrio J. Lorusso for Illinois wrongful death. Godee died in a Kane County car crash on June 14 while riding in Lorusso’s SUV. Now, the West Chicago victim’s family is seeking $6.175 M in wrongful death damages. Godee and Lorusso, a Wayne resident, had just graduated from St. Charles East High School.

According to police, Lorusso’s blood-alcohol concentration was almost three times the legal limit and he also had marijuana in his system when he lost control of his vehicle and struck two trees. Godee was riding in the front-passenger seat. The two teenagers riding in the back seat sustained injuries.

The Illinois car crash lawsuit is accusing Lorusso of negligent driving and willfully ignoring his passengers’ safety. In the criminal case against him, Lorusso has pleaded not guilty to driving under the influence of drugs, aggravated driving under the influence of alcohol, reckless homicide, and driving under the combined influence of alcohol and drugs. He is currently free on bond.

One of the passengers that survived the catastrophic Illinois car wreck is suing Lorusso for Kane County personal injury. 17-year-old Chelsea Mertz, a St. Charles resident, sustained a traumatic brain injury and broke her jaw during the June car wreck. Her Illinois car accident claims that Lorusso was driving over 40 mph above the speed limit, on the wrong side of the road, and was under the influence of pot and alcohol. Lorusso’s father is also a defendant of the lawsuit, which accuses him of neglecting to prevent his intoxicated son from driving the other teens home.

Mertz is undergoing rehabilitative therapy to treat her brain injury. Doctors had to surgically rewire her jaw. It is unclear whether the effects of her traumatic brain injury are permanent.

Driver in fatal crash sued for millions, The Chronicle, December 22, 2009

Survivor of fatal St. Charles crash sues driver, Daily Herald, August 7, 2009


Related Web Resources:
Teen Drivers, Motor Vehicle Safety

CyberDrive Illinois

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December 30, 2009

Illinois Wrongful Death Lawsuit Sues Kane County for Failure to Arrest Allegedly Intoxicated Driver Prior to Fatal Sugar Grove Township Motor Vehicle Crash

The family of a Marengo motorist who died in a Sugar Grove Township motor vehicle crash is suing Kane County and Elburn resident Linda L. Knotts for Illinois wrongful death. 54 year-old William McKenzie died when Knott’s truck crashed into his Ford van on March 20 on Route 47.

The family’s Illinois wrongful death lawsuit is holding Kane County responsible for the Sugar Grove Township car accident because cops did not arrest Knots on suspicion of driving under the influence of drugs when she was briefly apprehended just 15 minutes before the deadly Illinois traffic accident. McKenzie was pronounced dead at the Sugar Grove crash site.

Cops stopped Knotts after receiving complaints that she was driving erratically, including operating her vehicle on the shoulder of Route 47. Her pickup truck struck Mackenzie’s van head-on when she drove into oncoming traffic.

Knotts was initially cited for driving in the wrong lane and failing to reduce speed to avoid an accident but the charges against her have been dropped for now. After hearing police testimony in May, a coroner's jury blamed Knotts for McKenzie's death, which they called a homicide.

Illinois Car Accident Lawsuits
There is so much to consider when filing an Illinois car accident lawsuitt An experienced Chicago car crash lawyer will know what to do to successfully pursue your recovery, including gathering evidence, interviewing witnesses, negotiating with the other party’s insurer, and filing your personal injury/wrongful death claim/lawsuit on time.

Obtaining compensation for your car crash injuries or your loved one’s death can help you cover accidents costs, medical expenses, and other damages and losses.

Kane County sued over fatal crash, Daily Herald, December 17, 2009

Man dies in 2-car crash, Northwest Herald, March 21, 2009


Related Web Resource:
Kane County, Illinois

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December 15, 2009

Illinois Car Accident Lawsuit Filed Over Wrongful Deaths of Couple and Unborn Baby

The siblings of Lindsey Arnold-Zimmer and Adam Zimmer are suing two drivers for Illinois wrongful death. The couple was riding in a vehicle on Illinois Route 111 on the afternoon of February 21 when they were rear-ended by a vehicle, driven by Donald Canterbery at a speed of at least 90 mph. The collision caused their vehicle to spin out of control some 122 feet before it crossed into the northbound lane and was struck by a vehicle driven by Tiffany Ogara. Both Canterbery and Ogara were allegedly drunk when they struck the Zimmers' vehicle.

Lindsey and Adam died from their Illinois car accident injuries, as did their unborn baby. Now, Theresa Arnold and Christopher Zimmer, the couple’s siblings, are suing for loss of society, loss of companionship, wrongful death, and the pain and suffering that the Zimmers and their baby suffered, in additional to medical expenses incurred prior to their deaths.

The defendants named in the Illinois car crash lawsuit are Canterbery, Ogara, Joshua Ogara, Panero (as Smokey Joe's), Sarah L. Perrigan (doing business as The Village Inn), and MasterCars Company.

Canterbery’s blood alcohol concentration was .246 and Ogara’s BAC was .112 at the time of the deadly Illinois car crash. Cannabis and cocaine were also found in Ogara’s blood.

The plaintiffs are accusing Canterbery of drunk driving, reckless driving, speeding, neglecting to decrease his speed or properly control the auto, driving without a license, and driving even though his license was revoked for past drunk driving charges. They contend that Ogara did not properly control her auto or decrease its speed to avoid being involved in a crash. They also claim she was negligent for driving while under the influence of drugs and alcohol.

Following the deadly Illinois car accident, Canterbery was charged with numerous felony crimes, including four counts of aggravated driving with a blood level of .08 or more that results in death, three counts of reckless homicide, three counts of aggravated driving under the influence of alcohol, and eight counts of aggravated driving with a blood level count of .08 or more causing great bodily harm. He also was charged with a misdemeanor for failure to reduce speed to avoid an accident.

Suit filed over Route 111 deaths; Couple and unborn child killed, The Record, December 1, 2009

Granite City teacher, wife and unborn child killed in car accident, Suburban Journals, February 25, 2009


Related Web Resources:
Illinois Wrongful Death Act

CyberDrive Illinois

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August 6, 2009

Wrongful Death?: Wrong-Way Driver Who Killed 8 People Was Drunk and High, Say Police, but Her Family Disputes Allegations

Police say that the 36-year-old mother who drove the wrong-way on a New York road killing 8 people, herself, her 2-year-old daughter, her three young nieces, as well as three people in one of the vehicles she struck, had a blood-alcohol level that was over twice the legal limit at the time of the deadly multi-vehicle car crash.

They claim that Diane Schuler had more than 10 alcohol drinks in her system as well as a high level of the primary ingredient found in marijuana. They believe she’d been smoking the drug anywhere from 15 minutes to an hour before the deadly multi-vehicle crash. Her BAC was reportedly 0.19%--over double the 0.08% drinking limit and there was alcohol that was still undigested in her body. A broken bottle of Absolute vodka was in the minivan that she’d been driving.

Schuler stunned the nation on July 26 when her minivan drove for almost two miles the wrong-way up the Taconic State Parkway. She crashed into two vehicles, including an SUV carrying the three men who were killed in the deadly wrong-way driving accident. The three men are Guy Bastardi, his year- father Michael Bastardi, and their friend Michael Longo. Their families are considering filing a wrongful death lawsuit against whoever allowed Schuler to drive drunk.

Schuler’s son Bryan, 5, survived the crash with injuries.

Schuler’s husband, Daniel Schuler, however, says the toxicology reports are wrong. He says he’s never seen his wife drink during all of the years that they’ve known each other. His attorney held a news conference today claiming that Schuler was diabetic. The family thinks she suffered a stroke.

Police have ruled the car accident a homicide because Schuler caused the accident while driving the wrong way up the road.


Lawyer: N.Y. mom in wrong-way crash was diabetic, August 6, 2009

Wrong-way driver in N.Y. crash was drunk, LA Times, August 4, 2009

Related Web Resources:
Insurance Institute for Highway Safety

Continue reading "Wrongful Death?: Wrong-Way Driver Who Killed 8 People Was Drunk and High, Say Police, but Her Family Disputes Allegations" »

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June 12, 2009

Chicago Car Accident Lawsuit Sues City, Car Owner, and Alleged Drunk Driver for Man’s Illinois Wrongful Death

Last month, our Chicago car accident law firm posted a blog about a catastrophic Illinois motor vehicle accident involving a drunk driver that claimed the life of a 48-year-old Chicago Heights man. Now, Debrasha Piper, the daughter of car accident victim Calvin Hatten, is suing the alleged drunk driver, the vehicle owner, and the city of Chicago for her father’s wrongful death.

The deadly Chicago car crash occurred on May 10. Two days later, driver Juan Cayetano was charged with aggravated drunken driving and reckless homicide. He also received tickets for driving an uninsured vehicle and not having a valid driver’s license.

Hatten and his family were on 43rd street that evening when they were hit by a 1999 Chevrolet Cavalier, operated by Cayetano, who had just run a red light. The impact of the collision forced Hatten’s car to collide with a Toyota Corolla that was stopped at a red light.

Hatten died from his injuries and seven other people also got hurt. Prosecutors say that Cayetano’s BAC was .206. The legal limit is .08%. Hatten leaves behind his two teenage daughters and his wife of 30 years.

Chicago Drunk Driving Accidents
Drunk driving accidents destroy not just the lives of the people that are killed and injured, but also the lives of surviving family members. Not only must the people that are left behind deal with the sudden and unnecessary loss of someone they love, but a young child may be forced to grow up without a father or mother, and a spouse may have to deal with losing not just a partner, but coping with the ramifications that come with raising and supporting a family alone.

Daughter of fatal-crash victim files suit, Sun-Times, June 4, 2009

Victims of Drunk Driving, About.com


Related Web Resources:

Mothers Against Drunk Driving

Chicago DUI Accident Lawyers: Recent Drunk Driving Crashes Cause Fatalities and Injuries, ChicagoCarAccidentAttorneysBlog.com, May 15, 2009

Continue reading "Chicago Car Accident Lawsuit Sues City, Car Owner, and Alleged Drunk Driver for Man’s Illinois Wrongful Death" »

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