Holmes was appointed as administrator of Marcellis Sr.’s estate, but Williams filed a counterpetition, seeking to be the appointed administrator and her son, Marcellis Jr., to be identified as his son and sole heir. A DNA test established that Marcellis Jr. was in fact Marcellis Sr.’s son. Trial court ultimately granted Holmes’s petition to be appointment administrator and denied Williams’s counter petition, with the note that the court would supervise the administration.  Williams appealed.

The appellate court entered an order for supplemental briefing on two points: Whether §9-3 of the Illinois Probate Act controls whether Holmes can be appointed administrator over the minor child’s nomination of an administrator via guardian, and whether §9-1of the Probate Act disqualifies Williams for being appointed administrator due to the pending felony charges.

At the appellate level, Williams argued the circuit court erred in appointing Holmes as administrator rather than her.  Williams asserted Holmes was not qualified to be appointed administrator of Marcellis Sr.’s estate, she was not an “interested person” and she was not an heir of his estate.

The appellate court first emphasized it is not necessary to be an “interested person” to be appointed administrator, and as such Holmes was not disqualified. However, the appellate court noted that §9-3 of the Probate Act sets out an order of preference for appointed administrators.

In relevant order, it is first the decedent’s surviving spouse, then legatees, especially children, then the decedent’s children, then grandchildren, then parents.

In this case, the trial court passed on Marcellis Jr., the child, to appoint Holmes, the parent. The appellate court agreed that this was in error. Holmes argued that, at the time the trial court appointed her guardian of Marcellis Sr.’s estate, Williams had not been officially appointed guardian of Marcellis Sr.’s estate, so the appointment was not in error.

The appellate court disagreed, finding the circuit court’s appointment was premature and effectively overrode §9-3 of the Probate Act. In addition, the appellate court found the trial court erred in not holding an evidentiary hearing before ruling on respective petitions for appointments as administrator of the estate and then ruling immediately on the petitions without providing due and proper notice or any opportunity to offer evidence or argument.

Accordingly, the appellate court vacated the decision of the trial court and remanded the matter for further proceedings.

In Re Estate of Marcellis Stinnette, Deceased, 2014 IL App (2d), 230174 (May 3, 2024).

Kreisman Law Offices has been handling probate litigation, estate and trust, and estate planning for individuals, families and loved ones for more than 48 years in and around Chicago, Cook County and its surrounding areas, including Carol Stream, Oak Brook, Lombard, Schaumburg, Barrington Hills, Wheeling, Long Grove, Hawthorne Woods, Maywood, LaGrange, Hinsdale, Hickory Hills, Palos Heights, Orland Park, Chicago (Pullman, East Side, South Shore, Chicago Lawn, Garfield Ridge, Little Village, Back of the Yards, McKinley Park, West Loop, South Loop, Noble Square, Lakeview, Buena Park, Irving Park, Horner Park, Edgewater, Norwood Park East), Morton Grove, Evanston, Elmhurst, Elmwood Park and Flossmoor, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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On Sept. 30, 2015, a motor vehicle that was operated by Teresa Mandell struck Moore while she was crossing a roadway on her scooter. Moore was taken to a hospital and treated for injuries, which included a dislocated right shoulder and severe pain. She was discharged on Oct. 2, 2015.

Moore had surgery to repair a torn rotator cuff and extensive physical therapy, but began to develop pain and soreness on her right shoulder and neck, which eventually spread to her left shoulder. Moore filed suit against Mandell on Sept. 19, 2017.

Following Mandell’s admission of negligence, the trial began only on the issue of damages. Mandell sought to admit evidence of a prior injury to the right rotator cuff for which Moore had sought medical attention in 2009. Moore brought at trial a number of physicians to testify to the severity of the rotator cuff tear and to the likelihood that she would never recover full functionality or be free of pain as she was prior to this incident.

Mandell brought a single expert witness to testify that in his opinion, Moore’s shoulder was dislocated in the incident but that the rotator cuff was not torn by the impact. The doctor also opined that Moore was “magnifying her symptoms” and that any pain likely stemmed from AC joint arthritis.

This was a jury trial wherein the jury returned a verdict of $818,655.03, $700,000 of which was for loss of normal life and pain and suffering. Mandell appealed.

On appeal, Mandell asserted the trial judge erred in limiting her cross-examination of an expert witness, or a 213(f)(2) witness for  Moore who was her treating physician. The trial judge barred cross-examination on the subject of prior disciplinary reprimands, the doctor’s history of serving as a controlled expert witness for plaintiffs and his income from this, and communications where Moore offered to pay the doctor to author a written report prior to him treating her.

Moore admitted this was an error by the circuit court, but argued that it was not prejudicial. The appellate court disagreed, emphasizing that Moore’s doctor’s testimony was the only one relating to future disability, a significant part of the jury’s verdict, and the closing argument relied heavily on his testimony.

The appellate court held that the trial judge erred in limiting the scope of the cross-examination of the Moore expert, finding that the same scope was permitted for treating physicians as for controlled experts. Because the Moore expert offered opinions not cumulative with the other medical experts and a harsher opinion of Moore’s overall outcome, the appellate court’s decision, and reasoning that it was error in preventing a cross-examination which was prejudicial and warranted reversal. Thus, the case was remanded back to the trial court for a new trial.

Moore v. Mandell, 2023 IL App (5^th) 220289, May 26, 2023.

Kreisman Law Offices has been handling intersection crash lawsuits, bicycle accident lawsuits, truck accident cases, medical negligence lawsuits, and traumatic brain injury cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Schiller Park, Schaumburg, Inverness, Lyons, Elmhurst, Palos Hills, University Park, Orland Park, Chicago (Rogers Park, Wicker Park, Ukrainian Village, Andersonville, Uptown, Back of the Yards, Pullman, South Shore), Mundelein, Des Plaines, Deerfield and Glenview, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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Anderson brought a diversity suit against the forklift’s manufacturer, The Raymond Corp., alleging that the forklift was negligently designed. The jury trial ended in a verdict in favor of defendant Raymond.

Anderson appealed to the U.S. Court of Appeals for the Southern District of Illinois.

The appeals court ruled that the United States District Court in the Southern District of Illinois had erred in denying Anderson’s motion for a new trial. Her motion was based on a claim that the district court erred in excluding the opinion of her expert witness. The witness’s opinion, which was withheld from the jury, was that the defendant’s forklift was negligently designed because Raymond chose not to include a standard featured door to enclose an operating compartment.

Anderson’s expert witness was Dr. John Meyer. As trial approached, the parties filed dueling motions over the admissibility of the testimony of Meyer, who said he believed that Raymond could have made several changes to its design that would have prevented Anderson’s injuries. Meyer’s primary suggestion was that Raymond equip each of its forklifts with a door to enclose the operating compartment, which would prevent operators like Anderson from falling into the forklift’s path.

The district court had held that the plaintiffs’ expert opinion about the absence of the door was inadmissible because it did not satisfy Federal Rule of Evidence 702. The court also ruled that the expert’s opinion did not satisfy the test set forth in Daubert, 509 U.S. 579,  which found that the expert’s testimony was admissible where:

[1] The expert had extensive training and experience in failure analysis.

[2] The expert’s methodology in visiting the accident site and reviewing the forklift data was scientifically valid. The fact that the expert’s opinion had been rejected in other cases did not require a different result.

Accordingly, the U.S. Court of Appeals for the Southern District of Illinois reversed and vacated the jury’s verdict and trial court’s ruling in part and remanded the case back to the court for further consideration.

Anderson v. The Raymond Corp., No. 22-1872 (Feb. 1, 2023) S.D.Ill.

Kreisman Law Offices has been handling catastrophic injury lawsuits, workplace injury cases, forklift injury lawsuits, construction injury lawsuits, truck accident cases, and auto accident cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Melrose Park, Park Ridge, Forest Park, Crestwood, Calumet City, Hinsdale, Waukegan, Joliet, Romeoville, Winnetka, Hoffman Estates, South Holland, Chicago (Bronzeville, Edgewater, Rogers Park, Uptown, Wrigleyville, Chinatown, Avalon Park), Des Plaines, Niles and Evanston, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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Bland became intoxicated and was cut off from further alcoholic beverages. In the meantime, Bland got into a fight with George. Bland had to be physically removed to the office of Q Bar’s manager. Bland was told to calm down if he wished to remain, but he returned to the bar after a few minutes and began another fight with George.

Four employees were required to physically remove Bland from the building. Bland dragged all four onto the floor, kicking one in the throat and chin. Emergency services were called, and the police and paramedics responded.

Bland sat up and was uncooperative with paramedics. He denied having any injury, repeatedly moving his head, neck and shoulders and lifted his arms over his head. He repeatedly verbally abused the medical staff as he was taken to a hospital.

However, the following morning, Bland complained of neck pain and said he could not move his legs. Imaging at Central DuPage Hospital indicated the bones at C6 and C7 of his spine were out of alignment. Surgery was of limited value and Bland remained a quadriplegic.

Bland filed suit against Q-West and medical providers. The jury found Q-West negligent and, even with 20% contributory negligence attributed to Bland, he was awarded $41 million in damages. Q-West appealed.

On appeal, Q-West challenged the trial court’s decision to enter judgment on the jury’s verdict and to deny its motion for a new trial. The appellate court emphasized that it reviews the trial court’s decision for abuse of discretion and would not reverse the jury’s decision unless it was against the manifest weight of the evidence. Q-West argued the trial court erred in refusing to allow it to amend its affirmative defense to add self-defense.

The trial court explicitly refused to do so because it was raised the day after Bland rested his case when it could have been raised at any point before that.

The appellate panel concluded that the trial court abused its discretion in denying the motion. The appellate court emphasized that “[w]hen the parties know of the facts giving rise to an affirmative defense prior to trial, and the trial court can reasonably conclude the defense, though not raised in the pleadings, was part of the case ab initio (at the beginning), it may allow the pleadings to be raised by amendment, even after the plaintiff has presented his case.”

Because Bland knew that there would be evidence given of him attacking employees at Q-West, the appellate court found that Bland had been aware of the possibility of self-defense being raised, and thus the defendant still would have the opportunity to call witnesses in rebuttal.

The appellate court also found the trial court abused its discretion in denying Q-West proposed jury instructions on self-defense, sole proximate cause and contributory negligence.

Accordingly, the appellate court reversed the decision of the circuit court and remanded the case for a new trial.

Logan Bland v. Q-West, Inc., 2023 IL App (2d) 210683, Jan. 10, 2023.

Kreisman Law Offices has been handling medical malpractice lawsuits, Illinois appeals, catastrophic injury lawsuits, spinal injury lawsuits and work injury cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Arlington Heights, Orland Park, Evanston, Elmhurst, South Holland, Alsip, Des Plaines, Waukegan, Joliet, Romeoville, Chicago (Back of the Yards, North Lawndale, Garfield Park, Washington Park, Bronzeville, Pilsen, Rogers Park, Edgewater, Uptown, Portage Park), Clarendon Hills, Hinsdale, Lake Zurich, Vernon Hills and Hoffman Estates, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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Garcia was told that BASF policy required a truck driver unloading chemicals from a tanker to climb to the top of the tanker in the facility’s parking lot and open the tanker’s crash-box lid without fall protection equipment.

Garcia climbed to the top of the tanker as instructed using an access ladder.  As he got to the top of the ladder, he reached toward the crash-box lid while holding onto an extension of the ladder. His right foot slipped and he fell more than ten feet to the concrete pavement below.

He suffered catastrophic leg injuries that required five surgeries and led to his death eight months later. His medical expenses totaled approximately $319,200. Garcia, who earned $35,000 a year, was survived by his wife and three children.

His wife, individually and an on behalf of his estate and his children, sued BASF Corp., alleging premises liability and the unreasonably dangerous condition he was exposed to. The Garcia family alleged that BASF chose not to provide adequate fall protection, such as a harness, and put in place safety policies and procedures that would have prevented this untimely death. The lawsuit claimed that based on previous similar incidents, BASF knew or should have known of the danger posed to truck drivers.

A Harris County jury awarded $10.5 million to his estate, including his wife and their children.

Garcia v. BASF Corp., No. 201823951 (Texas Dist. Ct. Harris County).

Kreisman Law Offices has been handling catastrophic injury lawsuits, forklift accident cases, truck accident cases, work injuries, wrongful death cases, and traumatic brain injury lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Lake Zurich, Crystal Lake, South Elgin, Naperville, Aurora, Tinley Park, Glenview, Chicago (Brighton Park, Back of the Yards, Washington Park, Grand Crossing, Burnside, Cottage Grove Heights, Pullman, Gold Coast, Logan Square), Berwyn, Oak Park and Maywood, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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On the second day of Hinckson’s standby service, a Holcim employee allegedly asked Hinckson to repair the preheater towers’ outside elevator, which was landing short of the fourth floor of the tower.

Hinckson began to adjust the limit switch on top of the elevator cab. Unexpectedly, a Holcim employee called the elevator from a lower floor, which caused the elevator to descend.

Hinckson suffered catastrophic crush injuries and fell approximately 60 feet to his death. He was survived by his four adult children and two minor grandchildren.

Hinckson’s survivors sued Holcim (U.S.) Inc., alleging it chose not to ensure a safe workplace. The Hinckson estate asserted that Holcim’s personnel did not abide by their typical third-party contractor safety policies and procedures the morning of Hinckson’s death. It was also claimed that Holcim failed to post warning signs regarding the elevator repair work. The lawsuit did not claim lost income.

The defendant argued that Hinckson had not restricted power to the elevator, which would have prevented the elevator from being called from a lower floor. Before trial, the parties settled for $20 million.

The attorneys successfully handling this case for the Hinckson family were David Yarborough, Perry Buckner, Greg DeLuca and David Williams.

In the discovery phase, the Hinckson family attorneys presented experts in mine safety, pathology, human factors, economics and accident reconstruction.

Antoine v. Holcim (U.S.), Inc., No. 2020-CP-38-000265 (S.C. Ct. Com. Pl. Orangeburg County).

Kreisman Law Offices has been handling wrongful death lawsuits, elevator accident cases, catastrophic injury lawsuits, truck accident lawsuits, bicycle accident cases, and car crash lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County, and its surrounding areas, including Maywood, Bellwood, Hillside, Carol Stream, Rolling Meadows, Palatine, Palos Hills, South Barrington, Barrington Hills, Long Grove, Glenview, Lincolnwood, Chicago (Lakeview, Horner Park, Old Irving Park, Budlong Woods, Albany Park, Rogers Park, Uptown, Buena Park, River North, Pulaski Park, East Village, Ukrainian Village, South Austin), Oak Park, Park Forest, Forest Park and Crestwood, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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Hernandez sued Phenix Transportation West, Inc. Phenix Transportation Inc., and Harris, alleging that Harris chose not to yield or obey a red light. Hernandez offered to settle for insurance policy limits, but the defendants declined. After presenting the case to the jury, they signed a verdict for $52.9 million.

The attorneys successfully handling this tragic case for Hernandez were William D. Shapiro and Brian D. Shapiro.

At trial, Hernandez’s attorneys presented experts in neurology, life-care planning and economics.

The defendants presented experts in psychiatry, lifecare planning, economics and orthopedics.

Hernandez v. Harris, No. BC667551 (Cal. Super. Ct. Los Angeles County).

Kreisman Law Offices has been handling tractor-trailer crash lawsuits, truck accident cases, traumatic brain injury lawsuits, and wrongful death cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County, and its surrounding areas, including Burr Ridge, Hinsdale, Villa Park, Wheaton, Skokie, Glencoe, Deerfield, Vernon Hills, Arlington Heights, Prospect Heights, Chicago (Logan Square, Humboldt Park, West Town, Garfield Park, Belmont Cragin, Wrigleyville, Chinatown, Hyde Park, Bronzeville), Stickney, Westchester, LaGrange, Bedford Park and Bensenville, Illinois.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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Frasier dove onto the raft, propelled forward, and launched into the shallow end of the pool, striking his head. He suffered cervical spinal fractures and is now paralyzed from his chest down.  His condition necessitated six or more surgeries, including two major neck surgeries.

Frasier sued the O’Blacks, alleging negligence and choosing not to warn of the dangerous conditions that existed. He asserted that the raft, which was designed to be used on open water, did not belong in a home swimming pool.

Frasier also maintained that the raft manufacturer warned against allowing diving onto the raft.

The O’Blacks argued that Frasier was solely to blame for his injuries.

The jury signed a verdict for $19 million, finding Frasier 30% liable for his own injuries.

The attorneys handling this case for Frasier were Michael W. Calder and John R. Perry.

Frasier v. O’Black, No. 3034 of 2015 (Pa. Ct. Com. Pleas Westmoreland County).

Kreisman Law Offices has been handling swimming pool accident cases, spinal injury lawsuits, cervical spine injury cases, catastrophic injury lawsuits, product liability cases and motorcycle accident lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Midlothian, St. Charles, Niles, Lockport, Morton Grove, Highland Park, Lincolnshire, Geneva, Fox River Grove, Evergreen Park, Des Plains, Cicero, Berwyn, Chicago (Rosehill, Roscoe Village, Ravenswood Manor, Prairie District, Printer’s Row, Old Town Triangle, Edgewater, East Garfield Park, Canaryville, Bridgeport, Belmont Cragin, Lincoln Square), Oak Lawn, Itasca, Villa Park, Clarendon Hills, Hinsdale and Joliet, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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Bearden sued Young, alleging negligence and wantonness. Bearden also maintained that the defendant had been speeding and driving while distracted.

After the jury trial, the jury signed a verdict for $25 million in compensatory damages.

The attorneys successfully handling this case for Anthony Bearden were Andrew J. Moak and Brandon T. Bishop.

Bearden v. Young, No. 52-CV-2020-900029 (Ala. Cir. Ct. Morgan County).

Kreisman Law Offices has been handling traumatic brain injury lawsuits, pedestrian accident cases, bicycle accident lawsuits, car accident cases, intersection crash lawsuits and wrongful death cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Arlington Heights, Antioch, Barrington, South Barrington, Calumet City, Deerfield, Evanston, Elmhurst, Flossmoor, Highland Park, Highwood, Olympia Fields, Morton Grove, Chicago (Ravenswood, Roscoe Village, Albany Park, Ravenswood Manor, Old Town, Ukrainian Village, Humboldt Park, Pilsen, Near South Side, Bridgeport, Canaryville), Maywood, North Riverside, Brookfield and Bellwood, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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Ciara was thrown from her bike, fell under the rear tires of the bus and suffered fatal injuries. She was survived by her parents.

The Smith family sued MV Transportation Inc., alleging liability for the negligence of its bus driver for choosing not to yield the right-of-way and avoiding a collision with Ciara. The lawsuit also alleged MV Transportation failed to properly train the bus driver.

The Smith family also sued the city of Redondo Beach, alleging that the crosswalk lines were so faded that they were barely visible, leaving Ciara unaware that she was in a dangerous place.

In addition, the lawsuit maintained that the state of California was liable for the design of the curb ramp, which the Smith family argued directed users into the path of moving motor vehicles.

The Smith family settled with the state of California for $4.9 million before trial. In a pretrial settlement conference, the city of Redondo Beach agreed to pay $4.9 million as well. The jury signed a verdict for $21.6 million, finding that MV Transportation was 75% at fault, with the city being responsible for 15% and the State of California 10%.

In preparation and at trial, the Smith family engaged experts in commercial vehicles, accident reconstruction and biomechanics.

The attorneys successfully handling this tragic lawsuit were Garo Mardirossian and Lawrence Marks.

Smith v. MV Transp., Inc., Nos. BC680763, BC692297 (Cal. Super. Ct. Los Angeles County).

Kreisman Law Offices has been handling wrongful death lawsuits, bicycle accident cases, truck accident lawsuits, and traumatic injury lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Rolling Meadows, Romeoville, Joliet, Waukegan, Lake Zurich, Gurnee, Mount Prospect, Palatine, Winfield, Wheaton, Chicago (East Garfield Park, South Shore, West Town, Back of the Yards, Little Italy, Chinatown, Greek Town, Wrigleyville, Bronzeville, Hegewisch, South Side), Hinsdale, Alsip, South Holland, Park Ridge and Des Plaines, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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