News

by Brett Kruckmeyer

Parente & Norem Update on NBC Channel 5 News – Maggie Daley Park Slide Injuries

The Law Offices of Parente & Norem, P.C. was featured again on NBC Channel 5 News as the 25-foot-tall Tower Slide at Chicago’s Maggie Daley Park is set to be removed after dozens of reports of injuries and lawsuits have been made, as well as several emergency vehicles responding to the park.   You can view attorneys Christopher Norem and Jason Gatzulis by clicking on this link: Maggie Daley Park Will Lose Popular Attraction Following Injuries, Lawsuits.  The Law Offices of Parente & Norem, P.C. currently represents numerous plaintiffs that have sustained serious injuries, typically on the lower left side of the body, from using the Tower Slide at Maggie Daley Park.  Contact our office today if you believe that you sustained a fractured knee or ankle after using the Tower Slide at Maggie Daley Park.

by Brett Kruckmeyer

$18.6M awarded in fatal tractor trailer crash

High-low agreement, however, reduces sum to $15M; transit broker included in verdict

BY JORDYN REILAND
Law Bulletin staff writer

A federal jury awarded $18.6 million to the wife of a Canadian truck driver who died after a collision with a tractor trailer on Interstate 80 in LaSalle County.

But the plaintiff, Natalia Volkova, will recover $15 million following a high-low agreement the lawyers entered into after closing arguments. The high was $15 million; the low was $4 million.

A verdict was reached Thursday after a trial before U.S. District Judge Ronald A. Guzman.

Dung Quoc Nguyen owned and operated Antioch Transport Inc., a trucking company based in Antioch, Calif.

Shortly before 4 a.m. on Aug. 10, 2014, Nguyen was hauling a load for freight broker C.H. Robinson Co. Inc. when he fell asleep and crossed over the median, entering the westbound traffic lanes of I-80 in Rutland Township, east of Ottawa, in LaSalle County, according to court records.

Nguyen woke up and attempted a U-turn, blocking all westbound lanes of travel.

Alexandre Volkov, 54, also a truck driver, was driving west along I-80 when he “unavoidably” crashed into the side of Nguyen’s tractor trailer.

Volkov died from injuries sustained in the crash, according to his family’s attorney, Christopher M. Norem of Parente & Norem P.C.

Volkov’s wife filed a lawsuit in February 2016 against Nguyen, Antioch Transport Inc. and C.H. Robinson, alleging negligence, wrongful death, vicarious liability, negligent hiring and survival action claims against the defendants.

Norem said the negligence claims against Nguyen, his company and the agency claim against C.H. Robinson proceeded to trial.

He argued C.H. Robinson was responsible for Nguyen’s conduct that day because of the level of control they had over his work. C.H. Robinson mandated Nguyen remain in constant contact with the company, that he meet certain deadlines or face penalties, ensure his trailer is set to a certain temperature, among other standards.

The jury found the driver was a legal agent of C.H. Robinson making them legally responsible for the crash.

Norem said the jury’s finding was significant because C.H. Robinson is one of the largest freight transportation service companies and third party logistics providers in North America.

“They are putting thousands of supposed ‘independent contractor’ drivers like Dung Nguyen on our highways every day, controlling all of their conduct and when one of them negligently kills someone they immediately claim they are ‘independent contractors’ so they have no legal responsibility for them,” he said.

Nguyen’s defense attorneys denied negligence and argued Volkov was contributorily negligent in the crash. Norem said a state police crash reconstructionist testified at trial that Volkov was only traveling 65 miles per hour at the time, used his horn and attempted to break before hitting Nguyen’s truck.

Cole H. Munvez of Parente & Norem also represented the plaintiff.

Nguyen and Antioch Transport Inc. were represented by Jamie S. Lane of SmithAmundsen LLC.

C.H. Robinson Co. Inc. and C.H. Robinson Worldwide Inc. were represented by William J. Ryan and Eric J. Munoz of Scandaglia Ryan LLP.

They could not immediately be reached.

The case is Natalia Volkova v. C.H. Robinson Co. Inc., et al., 16 C 1883.

by Brett Kruckmeyer

Parente & Norem on NBC Channel 5 News – Maggie Daley Park Slide Injuries

The Law Offices of Parente & Norem, P.C. was featured in an NBC Channel 5 News investigative report relating to the Maggie Daley Park Tower Slide Injuries.  You can view Christopher Norem in the NBC Channel 5 News investigate report by clicking on this link: Has Maggie Daley Park Cleaned Up Its Slide Issues? NBC Channel 5 News originally did a piece regarding growing safety concerns at Maggie Daley Park back on August 20, 2015.  Four years later the Tower Slide remains unaltered and opened. The Law Offices of Parente & Norem, P.C. currently represents numerous plaintiffs that have sustained serious injuries, typically on the lower left side of the body, from using the Tower Slide at Maggie Daley Park.  Contact our office today if you believe that you sustained a fractured knee or ankle after using the Tower Slide at Maggie Daley Park.

by Brett Kruckmeyer

$1.95 Million for I-55 rear-end auto accident by Will County Deputy

29-year-old driver suffered back injury in highway collision

BY JORDYN REILAND
Law Bulletin staff writer

A man who sustained a back injury after a Will County sheriff’s deputy rear-ended him has settled his suit for $1.95 million.

The settlement entered on Thursday was reached roughly two weeks before the case was scheduled for trial, according to plaintiff’s attorney Christopher M. Norem of Parente & Norem P.C.

In June 2014, Justin Wojtkowski was driving north on Interstate 55 near Bolingbrook when traffic came to a stop and he was rear-ended by Will County Sheriff’s Deputy Anthony J. Hofer.

Norem said in an interview his client’s vehicle sustained “significant” rear-end damage and the front of the squad car was equally damaged with airbags deployed.

Wojtkowski, then 29, sustained herniation of the disk between the L5 and S1 vertebrae in the lower back, also known as the lumbosacral joint.

Wojtkowski went to physical therapy and received epidural injections to treat the injury. Norem said his client’s doctor recommended a lumbar fusion, but he declined given the risk he would no longer be able to continue work as a pipe fitter and welder.

Regardless of the operation, Wojtowski’s doctor determined his “work life” has been shortened by 10 years as a result of the injury, Norem said.

Wojtkowski previously worked as a diesel technician and trailer mechanic but trained to become a pipe fitter and welder for ExxonMobil in 2015 — giving him the ability to earn more than $100,000 a year.

Will County admitted negligence by its deputy but contested the seriousness of the plaintiff’s injuries.

Norem said the county’s neurosurgical expert contended Wojtkowski’s injury was degenerative and that he only experienced symptoms related to the crash for nine months after the crash.

While his client is still able to work in his field, Norem said the settlement compensates him for a potentially shortened career.

He said the case shows “you don’t necessarily need a huge operation or high medical bills to be fairly compensated.” Wojtkowski was also represented by Joseph D. Parente and W. Jason Gatzulis of Parente & Norem.

Will County and its deputy were represented by Thomas J. Condon Jr. and Dominick L. Lanzito of  Peterson Johnson & Murray — Chicago LLC. They could not be reached for comment.

The Will County Circuit Court case is Justin T. Wojtkowski v. Anthony K. Hofer, et al., 15 L 120.

Read on Google..

jreiland@lawbulletinmedia.com

by Brett Kruckmeyer

Man settles injury case for $6.1M, including $700K in post judgment interest, after the verdict was affirmed by the Appellate court.

Man settles injury case for $6.1 Million

BY JORDYN REILAND
Law Bulletin staff writer

A diesel mechanic has settled his lawsuit against Union Pacific Railroad Co. for $6.1 million seven years after he sustained lower back and groin injuries when he slipped while working at a rail yard.

The settlement agreement was reached in November after a series of post-trial motions and an unpublished 1st District Appellate Court opinion, according to plaintiffs’ attorney Christopher M. Norem of Parente & Norem P.C.

In February 2017, Cook County jurors awarded $5.4 million to plaintiff Andreas Bakopoulos in his Federal Employers’ Liability
Act case against the railroad company. The verdict was reduced from $9 million for contributory negligence.  Bakopoulos sued the railroad in 2013 alleging it failed to give him proper tools and a safe workplace while he was repairing a fuel leak in April 2011.

Union Pacific filed post-trial motions requesting a new trial which Circuit Judge Thomas V. Lyons II denied in September
2017.

The defendant then appealed to the 1st District Appellate Court, arguing Lyons erred when he submitted a jury instruction regarding the assumption of risk doctrine; approved use of the plaintiff’s itemized verdict form; and reinstructed the jury to deliberate further and return a newly calculated verdict after it initially returned an inconsistent verdict.

Union Pacific contended that including the specific jury instruction would confuse jurors when they determined if Bakopoulos was contributorily negligent. The panel, however, was not convinced. “Considering the jury instructions in their entirety along with the evidence and argument presented at trial, we are not persuaded that the assumption of risk instruction misled the jury about its ability to find contributory negligence,” Justice Mathias W. Delort wrote. “Indeed, the jury found Bakopoulos 39.5 [percent] at fault, which comports with the evidence and indicates that the jury was not confused by the alleged instruction.”

The panel also rejected the defense’s argument as to Lyons’ instructions to the jury when they returned an inconsistent verdict.
Delort wrote, at this point, it was clear the jury had found in favor of Bakopoulos.

He also noted the defense never objected to the proceedings at the time or moved for a mistrial.

“The circuit court in this case had the authority to direct the jury to correct the defects in its verdict prior to recording and discharge,” he wrote. “The polling of the jury thereafter confirmed the verdict rendered.”

Once the order was entered Norem said settlement discussions ensued. Norem said at that time Union Pacific owed Bakopoulos roughly $6.26 million, which included interest.

Despite the defense’s efforts to lower the amount they ultimately agreed upon $6.1 million.

Bakopoulos was also represented on appeal by Timothy J. Storm of the Law Office of Timothy J. Storm in Wauconda and Joseph D. Parente of Parente & Norem P.C.

Union Pacific was represented on appeal by J. Timothy Eaton and Jonathan B. Amarilio of Taft Stettinius & Hollister LLP.

They could not be reached for comment.

The case is Andreas Bakopoulos v. Union Pacific Railroad Co., 13 L 2997. jreiland@lawbulletinmedia.com

by Brett Kruckmeyer

Pace Wreck Injuring 9 Caused By Bus Driver

Lawsuit: Pace Wreck Injuring 9 Caused By Bus Driver

The collision happened last week on Boughton Road.

By John Ferak, Patch Staff | Jun 26, 2018 12:48 pm ET | Updated Jun 26, 2018 12:53 pm ET

BOLINGBROOK, IL – The Chicago law firm of Parente & Norem has filed a personal injury civil lawsuit in Cook County against Pace Suburban Bus Service blaming the bus service for last week’s Bolingbrook crash involving a bus striking tree along Boughton Road. The collision injured nine people, two of whom are now being represented by Parente & Norem.

The firm is representing two of the injured bus riders, Michael Soma and Keith MacLennan, both of Bolingbrook. The lawsuit identifies the Pace driver as Donnah Bufkin, a resident of Sauk Village. Another defendant in the lawsuit is Bolingbrook resident Jocelyn Williams, whose car collided with the bus at the intersection of Boughton Road and Winston Drive, according to the filing.

“Plaintiff Keith MacLennan (was) thrown forward from his seat with great force and violence, causing (him) to sustain catastrophic injuries, both internally and externally … he has been unable to follow his usual occupation for a period of time, he has and will continue to suffer mental pain and anguish.”

ORIGINAL STORY: Bolingbrook Pace Bus Crash Injures 9

An identical complaint is outlined regarding the injuries to Soma.

According to the lawsuit, this is what happened around 7:10 p.m. June 18 in Bolingbrook:

Bufkin was driving the Pace bus west on Boughton approaching the intersection of Winston Drive where the posted speed limit is 40 mph.

Bufkin “entered the intersection of Boughton Road and Winston Drive when the traffic signal was not green.”

Williams was driving her car east on Boughton and she “attempted to make her left hand turn onto Winston Drive when the traffic signal for eastbound traffic turned yellow and then to red as Williams began to make her turn in order to clear the intersection.”

Bufkin, operating the Pace bus, “entered the intersection … and collided with the motor vehicle operated by defendant, Joceyln Williams with extreme force and violence.”

The bus veered off the roadway, striking a tree on the west side of Boughton Road.

The law firm of Parente & Norem indicated that it also plans to file a court motion seeking an emergency protection order to preserve the damaged Pace bus as well as the video and data related to the crash.

The lawsuit blames the Pace bus driver for not yielding the right of way and for not taking evasive maneuvers to avoid colliding with Williams’ car.

Main Image via Parente & Norem, P.C.

© 2018 Patch Media. All Rights Reserved.

https://patch.com/illinois/bolingbrook/lawsuit-pace-wreck-injuring-9-caused-bus-driver

by Brett Kruckmeyer

$2.1M for collision with aviation police vehicle

BY JORDYN REILAND

Law Bulletin staff writer

A woman who aggravated prior disk herniations in a car crash with a police SUV has settled her lawsuit with the city of Chicago for $2.1 million.

Tiffany Castillo sued the city and Chicago Department of Aviation police officer Gay E. Williams-Morris in March 2016 alleging he negligently turned in front of Castillo causing her to collide with his SUV.

The case was scheduled for a Daley Center trial May 8, according to Castillo’s attorney, Christopher M. Norem of the Law offices of Parente & Norem P.C. The amount will be covered by a city insurance policy, and the settlement could be approved by Circuit Judge Patricia O’Brien Sheahan as soon as April 25.

On April 3, 2015, just northwest of Midway International Airport, Castillo was driving southbound on the 5300 block of South Central Avenue when Williams-Morris, driving northbound, turned left onto South Archer Avenue and into Castillo’s path. Her car hit his at 30 mph, Norem said.

Williams-Morris’ SUV was knocked onto its side as a result of the collision.

Castillo, 34, took herself to the emergency room with left-knee and lower-back pain, where she was examined and released. The knee pain resolved quickly, Norem said.

Castillo then developed neck and arm pain and was treated by a spine specialist who said her previously diagnosed disk herniations became more pronounced.

The herniated disks were diagnosed in 2007 from an unrelated injury, Norem said.

After physical therapy and injections were not successful, Castillo had fusion surgery in July, alleviating the arm pain. Norem said his client continues to have moderate neck pain.

The city first argued Williams-Morris was an on-duty officer responding to an emergency call. In that situation, public employees are not liable unless their conduct is determined to be willful and wanton.

Norem said discovery showed Williams-Morris was not responding to an emergency call and was instead on a break at the time.

The city alternatively argued Castillo was contributorily negligent in that she did not slow down to avoid collision, according to defense attorney Steven A. Williams of Williams & Gundlach LLC.

Norem said the settlement was “fair and reasonable” given his client’s pre-existing medical history.

Williams declined to comment further on the case.

by Brett Kruckmeyer

$2.8M settlement for iron railing failure

Property manager pays after trio falls off balcony at Woodridge apartment
BY JORDYN REILAND

Law Bulletin staff writer

Three family members who fell from an apartment balcony have settled a negligence case against the property manager for $2.8 million.

Plaintiffs Erika Martinez, Ivan Martinez and Javier Martinez sued Dynasty Properties Inc., the property manager for the Woodridge apartment complex where Erika Martinez lived.

They agreed to settle on Feb. 1, their attorney Christopher M. Norem of Parente & Norem P.C. said. He expects Cook County Circuit Judge Kathy M. Flanagan to enter the settlement at a Feb. 21 hearing.

The lawsuit, filed in December 2016, alleged that the property managers didn’t regularly inspect Erica Martinez’s balcony and notice when the railing attachments to the building started to rust and corrode.

The lawsuit alleged negligence,

premises liability and willful and wanton conduct.

On Sept. 28, 2014, Erika Martinez, 28, her brother Javier, 36, and her cousin Ivan, 26, were on her third-floor balcony when one of them leaned against the wrought iron railing and it collapsed, causing them to fall two stories.

All three sustained injuries from the fall, Norem said.

Erika fractured her spine at the fifth thoracic vertebra, but did not need surgery; Javier broke a bone in his left arm and needed surgery; and Ivan had lower back injuries that didn’t need surgery.

Norem said several of the balconies at the apartment complex had wrought iron railings that were severely rusted. Some of the railings were detached from the building in some areas.

“This had taken years and years and years and years of neglect to happen,” Norem said.

The village of Woodridge adopted the International Property Maintenance Code and the International Building Code, regulations that provide minimum maintenance requirements for buildings.

Norem said it is common for small cities or villages to adopt already existing codes instead of creating their own.

The defense, in a motion to dismiss filed in February 2017, argued that the adopted codes were merely “model codes” and could not be brought as issues in this case.

Norem argued the ordinances were enacted and fully adopted by the village to protect residents such as the plaintiffs from the injuries they sustained.

The plaintiffs alleged Dynasty Properties violated building codes in several ways, including when they didn’t take measures to protect the guardrail from rusting, didn’t fix the guardrail when it started to rust and did not repair or replace the guardrail when it became loose.

In March 2017, Flanagan denied the defendant’s motion to dismiss and allowed the case to continue.

Norem said Dynasty Properties acknowledged injuries occurred during discovery, but contended they did not rise to the level of financial compensation the plaintiffs were seeking.

The parties mediated the case before former Cook County circuit judge Dennis J. Burke of ADR Systems of America LLC on Jan. 16.

Norem said the property had $3 million insurance policy. He said he made a time-limited demand of $2.95 million to the defense that would expire on Feb. 16.

The attorneys negotiated on their own and came to an agreement of $2.8 million.

Erica Martinez will receive $1.6 million, Ivan Martinez will get $950,000 and Javier Martinez will receive $250,000.

Dynasty Properties was represented by Ryan S. Showalter of Urgo & Nugent LLC. He could not be reached for comment.

The case is Erika Martinez, et al., v. Dynasty Properties, Inc., 16 L 6192.jreiland@lawbulletinmedia.com

Copyright © 2018 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.