Chicago Accident Lawyer Blog

Defendant Did Not Give Aid Negligently Where He Failed to Give Any Aid

Mon, 14 May 2012 17:11:58 -0600

The plaintiff, Tina Miller, mother and special administrator of Kyle Christian sued several people, including the defendant Kallen Szell, for negligently aiding her son Kyle who died after a heroin overdose. The plaintiff claimed that the defendant voluntarily undertook the duty to help Kyle, but did so negligently, and as a result, Kyle Christian died.

Facts

Christian, and a couple of associates, Moors and Hecox, started using heroin in the spring of 2006. To finance their heroin habit, Christian, Moors, and Hecox were stealing copper out of new construction homes and from stores. On the day Kyle Christian died, the group went to Kyle’s garage where he had some copper and sold the copper to a scrap yard. With the money the group bought six bags of heroin and Kyle ingested two bags of heroin. At some point Moors and Hecox noticed that Kyle was pale, and that his breathing was abnormal. Hecox began giving Kyle CPR. The group then drove to the house of another associate, Brian Hoshaw, to ask Hoshaw to check on Kyle as Hoshaw had seen Kyle overdose before and had experience with overdosing. The tree soon left Hoshaw’s house and went to a restaurant, called Spring Garden.

The three received a call from defendant Kallen Szell and his girlfriend who joined them at Spring Garden. While they were in the restaurant drinking coffee, Kyle was sitting in his car. Hecox, Moors, Szell, and Szell’s girlfriend all did heroin in Szell’s car. According to the court, Szell’s interaction with Kyle consisted of the following: (1) Szell and his girlfriend knew that Kyle had taken too much heroin and was overdosing. (2) Szell asked about Kyle’s condition. (3) He knew Hecox had given Kyle CPR. (4) He walked to Kyle’s car, opened the door, observed Kyle, and “possibly” entered the car. (5) The group discussed Kyle’s condition, including what should be done about it. (6) While having coffee, Szell repeatedly looked out the window to check on Kyle. (7) After the group left the restaurant in Szell’s car, he asked if Kyle was okay and the group discussed calling an ambulance but did not call an ambulance.

Kyle died that evening and his mother sued on behalf of his estate for wrongful death. The plaintiff argued that Szell’s actions constituted voluntary undertaking to aid Kyle, which Szell rendered negligently and as a result Kyle died.

If you have lost a loved one to the wrongful actions of another, contact Chicago personal injury attorneys Zneimer & Zneimer p.c. for a free consultation. We have collected millions on behalf of injured victims and their loved ones who have suffered as a result of negligence of another.

Chicago To Focus On Pedestrian Safety

Sat, 12 May 2012 21:35:31 -0600

Chicago Department of Transportation proposed plans to increase pedestrian safety according to a Chicago Sun-Times article. Among the proposed changes include a reduction of the residential speed limit to 20 mph and walk signals could be 3 seconds longer. The stated goal of the Chicago Department of Transportation is to eliminate all pedestrian, bicycle and overall traffic crash fatalities within 10 years. Chicago also plans to install 300 countdown pedestrian signals at intersections this year and 100 more in 2013 in a further effort to increase pedestrian safety. The City also plans to increase the time given to pedestrians to cross by 3 seconds at 100 intersections.

These changes would be important given that 80 percent of vehicle-pedestrian accidents occur at or near intersections and commonly involve people crossing with the walk signal. The personal injury law firm of Zneimer & Zneimer are currently handling many cases for pedestrians injured by drivers who failed to yield to the pedestrian in the crosswalk as the law required. However, the most common cause of injuries seem to be caused by drivers making right turns on red lights and not looking for pedestrians. The Chicago law firm of Zneimer & Zneimer has recently settled a case in which the motorist who was making a right turn on red was looking left the whole time to see if cars were coming and never looked right until after she struck our client who was in the crosswalk and was crossing with the walk signal when he was hit. An easy and cheap way to make intersections safer for pedestrians would be to prohibit all right on red turns by motorists in Chicago.

Interpreters in ER Reduce Medical Errors

Sun, 06 May 2012 21:11:46 -0600

According to a study published in the Annals of Emergency Medicine, having professional translators on staff may limit miscommunications between patients and medical staff in the ER. The study found that mistakes with "clinical consequences" were twice as likely to occur if the hospital ER no interpreters or amateur interpreters to translate for the non-English speaking patient.

The study, which was conducted with primarily Spanish speaking families, found that 12 percent of translation errors could have been a potential risk to a child but when the translator was a family member or a non-professional translator the potentially risky errors went up to 22 percent. Interpreters with at least 100 hours of training were found to have the lowest error rate with only two percent of errors being potentially harmful to a child.

In one example of an error, the amateur translator told the ER medical staff that the child patient was not on any medications and was not allergic to any medications when in fact he never ever asked the mother of the child whether this was true.

Though the findings of this study suggest that having professional translators on staff in the ER could make a big difference, there are few programs available for medical translators to get medical training.

The Chicago personal injury law firm of Zneimer & Zneimer has staff that is fluent in Spanish, Russian and Bulgarian to assist clients. Contact us for a free consultation.

Chicago Police investigates cop’s dog attack case

Tue, 01 May 2012 11:15:17 -0600

A little dog became a victim of a dog attack. Witnesses say they saw a pitbull that belonged to an off-duty police officer, attack a two-and-a-half year old Pomeranian Papillon mix, when the little dog was playing with a ball at Montrose beach. The little dog’s name was Willy and he died three days after the attack.
Audrey Fisher, who was Willy’s owner, said in an interview that the officer refused to give any kind of information to her once the attack occurred. "I wanted him to stop and talk to us... and he just wouldn't," Fisher said. Also, the owner tells to WGN-TV that she owes near to $6,000 in veterinary bills.
Even though the officer did not identify himself, several of the witnesses came to police with descriptions and camera cell phone pictures of him. Police had distributed fliers trying to find out someone who could recognize the owner of the pitbull.

This time only a little dog was the victim. Very often victims of dog injuries are children. The Chicago injury attorneys Zneimer & Zneimer have prosecuted many personal injury cases, caused by dog attacks.

Protecting Yourself from Bicycle Accidents

Tue, 10 Apr 2012 15:37:24 -0600

Anyone who enjoys riding their bicycle throughout the Chicagoland area knows the dangers that come with it. Chicago is working to become a more bike friendly city by adding bike paths and instituting a bicycle program.

The bikers have a duty to ensure their own safety. Chicago code requires bicyclists to ride “as near as practicable” to the right-hand side of the roadway. Additionally riding against traffic is a violation of the law and can prove hazardous to everyone on the road. Illinois law requires those under age 18 to use their helmets, but it’s still a good idea for adults to use them as well. The Illinois Department of Transportation estimates that 4,000 bicyclists are injured every year.

If you or anyone you know is injured in a bicycle accident it is important that you know your legal rights. Contact attorneys Zneimer & Zneimer, P.C. for a free consultation.

Hit and Run Driver Found

Wed, 28 Mar 2012 09:48:09 -0600

Over the weekend two children were killed when a driver rear ended the vehicle in which they were traveling. The driver was fleeing the scene of another accident in which he was involved. Joey Chavez, 36, was driving on a suspended license and speeding when his 2003 Mercury Mountaineer crashed into a car at the intersection of 43rd street and Western Avenue on Saturday, The Chicago Tribune reports. Chavez fled the scene of the accident at a high rate of speed and ran a red light at 45th street where he rear ended a 1997 Dodge Neon, killing 5 year old Eric Ochoa and his sister, 10-month-old Julissa Ochoa. Bernice Cabrera, 22, and mother of the children suffered a broken collarbone. Their father Eric Ochoa, 23, was listed in critical condition at Mt. Sinai Hospital with spinal injuries. It was reported Monday that due to the severity of his condition Eric Ochoa had not been told his children did not survive the crash. Tests conducted at Stroger Hospital of Cook County determined Joey Chavez had opiates and PCP in his system. Chavez has seven felony convictions on his record. It’s unfortunate that such a reckless driver was able to get on the road and cause the loss of two lives. Whenever an auto accident causes damage the victim should not have to pay. It is important to know your legal rights. If you have been involved in an auto accident contact Chicago personal injury attorneys Zneimer & Zneimer P.C for a free consultation.

Chicago’s Mayor Emanuel Changes Speed Camera Plan

Wed, 14 Mar 2012 09:58:26 -0600

Early in February in “Children’s Safety Will Hit Your Wallet,” we brought to your attention Governor Quinn’s signing of bill S.B. 965, that allows speed enforcement cameras to be placed in Chicago within 1/8 of a mile from city schools and parks each weekday. Mayor Rahm Emanuel insists that this measure is all about improving safety around schools and parks. The Chicago Sun-Times now reports changes to the mayor's original proposal. The mayor presented his proposed speed-camera ordinance to the City Council on Wednesday. Alderman as well as city residents are questioning whether the ordinance is really about creating a new way to get money for City Hall. Originally Mayor Emanuel said there would be speed cameras at 79 locations that already have a red light camera. The speed cameras would start recording on school days between 6 a.m. and 8:30 p.m. Monday through Thursday and until 9 p.m. on Friday. On Tuesday Emanuel’s aides didn’t acknowledge that there would be speed cameras placed where there currently are red light cameras. Also the hours the speed cameras would be tracking drivers was scaled back from 7 a.m. to 7 p.m. speed cameras will also be up and running in park safety zones during hours when parks are open. Usually parks are open from 6 a.m. until 11 p.m. Emanuel insists his priority is safety, “We’re gonna make sure it achieves the goal, which is to keep our kids safe near schools and parks.” Children’s safety is important, especially when it deals with the possibility of a pedestrian accident. If you or a loved one has been hurt in an auto accident contact Chicago personal injury attorneys Zneimer & Zneimer P.C for a free consultation.

Chicago Police Officer Sentenced to 3 Years for Fatal DUI Crash

Wed, 07 Mar 2012 12:18:43 -0600

Early in January we brought to your attention the case of Richard Bolling, who expert toxicologist Jennifer Bash told jurors she felt Bolling was legally drunk at the time of his May 2009 accident that struck and killed a 13 year old Trenton Booker. Trenton Booker was riding his bicycle on 81st street and Ashland avenue when he was struck. Richard Bolling was off-duty and driving his own Dodge Charger at the time of the accident and sped away from the scene. The Chicago Tribune reports Judge Matthew Coghlan sentenced 42 year-old Bolling to 3 years in prison for his conviction on charges of aggravated DUI, reckless homicide and leaving the scene of a fatal accident. Judge Coghlan also ordered Bolling to talk to recruits at the Chicago Police Academy and educate the department on “how to properly handle an investigation into one of your own.” Evidence presented at trial showed that Bolling had received preferential treatment from other officers that night including waiting at least 4 hours to administer a breathalyzer test which determined Bolling was just slightly under the legal limit. Trenton’s mother, Barbara Norman, said she would have preferred a stiffer prison term for Bolling but felt the sentence showed police officers “are not above the law.” Bolling’s supporters, including his father, retired Chicago police Cmdr. Douglas Bolling, as well as his mother and wife, left the courthouse without comments. Accident attorneys Zneimer & Zneimer estimate there are over 1,200 vehicle related fatalities in Illinois. If you or anyone you know has been involved in any accident contact Chicago personal injury attorneys Zneimer & Zneimer P.C for a free consultation.

“Buckeyballs” Magnets a Threat to Digestive Tract

Mon, 05 Mar 2012 10:12:02 -0600

A 3 year old girl from Oregon is recovering from swallowing 37 high powered magnets. As KPTV reports, after she ate the magnets they formed a dangerous ring inside her digestive tract. As the ring of magnets snapped together so did her intestines and in doing so ripped holes in both her small intestine and her stomach. Kelli Bushnell, Payton Bushnell’s mother, said after seeing an x-ray taken of her daughter and seeing a ring, they initially thought she had swallowed a bracelet. A report from the U.S. Consumer Product Safety Commission says there have been 22 cases of children swallowing magnets since 2009. The New York Times reported that swallowing a single magnet rarely poses problems, swallowing even just two can prove fatal. The Canadian government gives information on a site stating that once someone has swallowed more than one magnet, the magnets can travel through the intestines until they link up. Along the way they can create dangerous blockages and even slowly tear through the intestinal walls. Thankfully Payton Bushnell survived and is expected to make a full recovery. The Centers for Disease Control says accidental injuries are the leading cause of death for children ages 1-4, beating out disease, birth defects, infections and other illnesses combined. Accidents continue to be our biggest threat until about age 24. If you or a loved one have been injured contact experienced attorneys Zneimer and Zneimer for a free consultation. Payton’s parents will be keeping a closer eye on their daughter and said they have come forward with their story as a warning for other parents.

Child Causes $200,000 worth of Damage

Tue, 28 Feb 2012 11:55:45 -0600

Plainfield police say a 12 year old boy is responsible for 5 area fires that occurred during the Christmas season. The boy originally came forward to police as a witness but investigators decided to keep an eye on him after realizing his story didn’t hold up. Police caught the boy on Monday allegedly breaking into a car. After bringing him into the station the boy confessed to setting the fires. Plainfield Police Chief John Konopek said the boy was motivated to see how big the fires would get. The boy has been in foster care for several years with the same family since his mother died of cancer. The boy is being held for starting five fires on the same block from December to January. Police say the boy entered unlocked cars that were either in the driveway or in attached garages and started the fires with whatever he found inside the vehicles. The boy who has no prior criminal record but now faces five counts of arson, three counts of burglary, and two counts of criminal damage to property. Although there was extensive property damage, there was no personal damage and no one experienced burns because of the fires. If you or someone you know is the victim of a fire and experiences burn injuries it is important that you know your legal rights. Experienced attorneys Zneimer & Zneimer can help you know your legal rights. Call and schedule a free consultation.

Man Confesses to Killing Woman 4 Years After-the-Fact

Mon, 27 Feb 2012 10:24:01 -0600

20-year old Melissa Lech was killed by a hit and run driver in 2008. Police didn’t have leads as to the identity of the driver of the vehicle that struck and killed Melissa as she was walking on the side of the road. Melissa was returning from a night out with friends. Melissa and her friends were returning from a White-Sox game and had gone into a Joliet sports bar. Since Melissa wasn’t of age she walked home and was struck and left on the side of the road to die. Sunday morning David H. McCarthy, 27, of Naperville showed up at Michelle Lech’s Joliet home and confessed to driving the vehicle that killed Melissa Lech. Michelle Lech is Melissa Lech’s older sister. Joliet police arrested David McCarthy Sunday night. “It appeared he was expecting them,” said Joliet police Cmdr. Brian Benton. McCarthy confessed to killing Lech’s sister at her kitchen table and as he was talking Michelle Lech spoke to her husband in polish and told him to get McCarthy’s license plate number. During the years since 2008 the Lech family offered a reward for any leads and the 2010 NASCAR Sprint Cup to participate in efforts to find Lech’s killer. It is unfortunate that a young woman would lose her life in such manner. Although McCarthy shouldn’t be regarded as brave, it is a relief that Melissa Lech’s killer was finally caught. If you or anyone you know have been involved in a pedestrian accident contact attorneys at Zneimer & Zneimer p.c. for your free consultation.

TV’s and Dressers: A Danger to Your Children

Wed, 22 Feb 2012 13:34:43 -0600

A 2 year old Aurora girl was hurt in her home over the weekend when a TV fell on top of her. Unfortunately such stories have been in the news much too often recently. The toddler, Aurora police said, had a boxlike TV fall from a bookshelf onto her in the 100 block of South Union Street. The girl’s 18 year old uncle was babysitting her and 3 other children at the time. The uncle was also looking after an 18 month old boy, a 17 month old girl, and a 6 year old boy said Police spokesman Dan Ferrelli. The uncle was looking after the 17 month old in the living room while the other children were in another room. He then heard a loud noise and went to check on the children, he found the 2 year old lying under a 20 inch TV. The TV was on top of a cabinet and was not bolted to the wall. The girl was taken to an area hospital around 2:50 p.m. and was later airlifted to Advocate Lutheran General Hospital in Park Ridge. Thankfully the hospital determined she had no fractures and her injuries were not life threatening. Police do not suspect foul play and will not charge the uncle. Thankfully this child was not seriously hurt but it’s an incident that has become too common. Although accidents such as these are preventable victims should take the time to learn their legal rights. Experienced attorneys at Zneimer & Zneimer can guide you through learning your legal rights should you experience a similar situation. Contact Zneimer & Zneimer p.c. for a free consultation.

Pit Bull Killed After Viscious Attack

Wed, 22 Feb 2012 11:14:49 -0600

This week a pit bull was shot by police officers in Elgin after it attacked a neighbor’s dog, another pit bull. Fortunately no one was seriously hurt but the pit bulls life could have been spared if the owners were more responsible and ensured the pit bull was restrained. It was reported that around 6:30 p.m. Monday night the pit bull got loose and attacked a neighbor’s dog causing residents to call police. Jose Diaz arrived when police arrived on the scene and said the pit-bull, Rocco, belongs to his 19 year old son, Christian Diaz. The dog was taken to his girlfriend’s house which was why he was not in his kennel at the time. Diaz said he is unsure how the dog got out but somehow it managed to go into the neighbor’s yard with another pit-bull. Diaz made an attempt to keep the dogs apart with a folding chair however he was not successful. In the process the neighbor’s pit-bull bit Diaz’s hand, Diaz said “after Rocco saw I got bit…he went after the dog. That’s when he decided to go all out on him.” At that point no one could get the two dogs apart so police shot Rocco who police say was killed instantly. Diaz said there was nothing they could do.

Wrong Way Drivers Continue to Wreak Havoc in Illinois

Wed, 22 Feb 2012 08:49:22 -0600

Wednesday morning around 4:20 a.m. two people were injured in a wrong-way crash on the outbound Kennedy Expressway. The crash was located in the northbound lanes of the Kennedy Expressway south of North Avenue, as stated by Illinois State Police District Chicago Trooper Mark Hall. A third vehicle had its side-mirror clipped however the driver of that vehicle was not injured. The driver of the car headed in the wrong direction and the driver of the vehicle he crashed with were taken to area hospitals in “very bad shape,” Mark Hall said. This accident occurs just weeks after 4 men were killed in another unrelated wrong-way crash on I-80 in south suburban Hazel Crest. Unfortunately police were not able to get to the drivers before the accidents unlike the video included above. The accident in Hazel Crest caused the I-80 to be closed as firefighters worked to control the fire and investigate the incident. If you or someone you know have been involved in a car accident contact experienced attorneys Zneimer & Zneimer p.c. for a free consultation.

Text While Biking, Get a Ticket

Thu, 16 Feb 2012 14:27:20 -0600

Drivers in Chicago are aware that there is a ban on using cell phones while operating a vehicle and now that could extend to anyone operating a bicycle. If House Bill 3849 gets approved by state lawmakers police officers across Illinois will be able to hand out tickets to anyone caught either talking or texting on their mobile device while riding a bicycle. “This addresses beyond the road, this addresses the bike path as well,” Said Representative Kelly Cassidy of Chicago. Cassidy also says this bill is the result of bicycle safety groups calling for such a law. This law would be similar to the law already enforced on Illinois motorists. There was a 5-4 vote on Wednesday, February 8th where the House Transportation Committee endorsed the texting while biking ban with a goal of reducing accidents. If you or a loved one has been involved in a bicycle accident contact expert attorneys Zneimer & Zneimer p.c. for a free consultation.