Posted on October 04, 2011 in Articles

Everyone has heard the story: A woman pulls up to a McDonald's drive thru for some coffee. While holding the coffee cup and trying to drive at the same time, she spills coffee on her lap and burns herself. She sues McDonald's, becomes a millionaire, and all her troubles are over. The case is a prime example of a frivolous lawsuit or so-called "jackpot justice."

That, at least, is the urban legend played out by the media, comedians and politicians. What actually happened to the woman in the coffee case is much more serious, a point the documentary "Hot Coffee" attempts to make while looking at the American justice system and the idea of tort reform. The movie uses the coffee case to ask the question: Is justice being served?

The movie explores what actually happened to then 79 year-old Stella Lieback, the woman who suffered burns from the McDonald's coffee. In reality Lieback was a passenger in a parked car and the coffee spilled as she was trying to add cream and sugar to the cup which she held between her knees.

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 Posted on September 30, 2011 in Articles

In June 2011, Illinois passed a bill reforming the state's workers' compensation system in an effort to cut costs and stimulate business growth. In so doing, Illinois joined a long list of states passing increasingly stringent requirements for workers to meet in order to receive workers' compensation benefits for on-the-job injuries. While supporters of Illinois' workers' compensation reform bill claim that it will make Illinois more attractive to businesses by saving them money, many critics argue that injured workers will suffer under the law's new provisions.

National Trends in Workers' Compensation Legislation

Every state in the U.S. except Texas requires businesses that operate in them to carry some form of workers' compensation insurance. Many larger businesses meet this requirement by self-insuring, paying injured workers' benefits according to statutory requirement. In four states, if a company cannot afford to self-insure it must enroll in the state workers' compensation insurance plan. In about 20 states, businesses may self-insure, join the state plan or purchase private workers' compensation insurance. In the remaining states the only option businesses that cannot afford to self-insure have is to purchase private insurance.

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 Posted on September 23, 2011 in Car Accidents

Last week, a motor vehicle accident took the life of Aubrey Caitlin "Caitie" Barker. She was the 26 year-old owner of the downtown Springfield restaurant "Caitie Girl's". The restaurant's unique and fun atmosphere contributed to its popularity.

The car accident occurred on Bruns Lane and Jefferson Street when Barker's van collided with the driver's side of 88 year-old Betty Deloney's Mercury Sable. Police suspect Barker ran a red light, causing her to crash into Deloney's vehicle, and resulting in Barker's van rolling over.

Barker was killed immediately upon impact. She will be missed by many, including her restaurant staff, many of who considered her a close friend in addition to a boss. This summer the Greater Springfield Chamber of Commerce awarded Barker the New and Emerging Business Award. The restaurant which opened in 2007 has been closed since the accident, and it is unknown if it will ever reopen.

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 Posted on August 26, 2011 in Firm News

Earlier this summer Gov. Quinn signed legislation that makes drastic changes to the Illinois workers' compensation system. The system overhaul occurred after a drawn out political battle between unions, businesses, physicians, other interest groups and the Governor's office.

Some of the changes the legislation makes include: changing standards for determining workers' disabilities, clearing current workers compensation arbitrators, and establishing safeguards designed to prevent abuses of the system.

Perhaps the most significant change is a 30 percent cut in rates paid to hospitals and physicians who treat injured workers. According to the Chicago Tribune, the Illinois Medical Society claims this will result in injured employees having to wait longer for health care.

The overarching goal of the changes was to improve the Illinois' economy by creating a more business-friendly environment in the state.

Major changes were also made to the Workers' Compensation Advisory Board. This was one of the first changes to take effect as the Governor made 12 new appointees to the Board last month. The appointees included union representatives, workers' compensation lawyers and business leaders.

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 Posted on July 21, 2011 in Firm News

The recent death of a Springfield, Illinois pedestrian after a traffic accident is an important reminder about the dangers of pedestrian injuries. Although the exact cause of death remains under investigation, the 53-year-old pedestrian was struck by an SUV last week on Peoria Road. A witness said the SUV didn't stop after hitting the man. The victim was transported to the hospital and pronounced dead. Sadly, this death is part of a nationwide increase in pedestrian accidents. In the last ten years, pedestrian fatalities have risen by 14 percent.

This year, more than 50,000 pedestrians will be involved in a traffic crash. According to the National Highway Traffic Safety Administration, in 2009, 4,092 pedestrians died due to injuries sustained during traffic accidents - a seven percent increase over 2008. And 13,000 injured pedestrians were age 14 and younger. All too often, negligent drivers are speeding, distracted by their phones or are under the influence of drugs or alcohol when they hit a pedestrian.

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 Posted on July 15, 2011 in Firm News

HBO is currently running a documentary feature film about the famous McDonald's coffee case in which a woman spilled hot coffee on herself resulting in third degree burns. Everyone is convinced they know what happened, but do you really know the facts of the case? Watch the documentary to find out and learn how this case changed the civil justice system in America.

http://hotcoffeethemovie.com/

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 Posted on July 11, 2011 in Articles

Mount Carroll, a small, close-knit northwestern Illinois community, endured a nightmarish grain-elevator farm accident last summer that killed two teenage workers, Alex Pacas, 19, and Wyatt Whitebread, just 14, and injured 20-year-old Will Piper. The high school and college students were engulfed by corn inside an elevator owned by Haasbach LLC, and the two who died suffocated under 30 feet of corn.

The rescue effort gives an idea of the magnitude of the fatal mass of corn. Emergency workers had to cut holes in the sides of the grain elevator, releasing thousands of pounds of corn that were removed by semi trucks to another storage location.

The U.S. Department of Labor's Occupational Safety and Health Administration heavily regulates safety practices in most grain handling facilities. OSHA specifically prohibits employees from "walking down grain" defined as "where an employee walks on grain to make it flow within or out from a grain storage structure, or where an employee is on moving grain." The regulations include corn within their definition of "grain."

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 Posted on June 30, 2011 in Articles

Last month, the students of Glenwood High School in Chatham, Illinois witnessed a surprise mock car crash a few days before their school's senior prom was to take place. The staged crash was meant to educate the youth by showing them the deadly consequences of driving drunk or driving distracted.

The "crash" included a few students acting as passengers who had been out drinking after their prom. The teen acting as the driver of the car was checking a text message on his phone when he crashed into a family's SUV.

The mock car accident resulted in two fake fatalities and two pretend victims were left with critical injuries. The production played out as a real crash would, with the arrival of a bystander, local police, ambulances, fire trucks and even a helicopter for one of the victims to receive medical attention.

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 Posted on June 29, 2011 in Car Accidents

In an effort to increase public awareness about safety, the National Safety Council (NSC) designates each June as National Safety Month. Each week focuses on a different safety theme. This year, week five is devoted to highlighting the dangers of cell phone use behind the wheel.

With the increasing number of cell phone subscribers-from 11 percent of the population in 1995 to 93 percent of the population in 2010-more people are using cell phones while driving than ever before. Although recently the dangers of distracted driving have attracted a significant amount of public attention, many drivers, especially teens, continue to text or talk on phones while driving.

To appreciate the scope of the problem, almost one of every four motor vehicle accidents involves the use of a cell phone. Over 20 percent of auto accidents involve cell phone conversations (including hands-free) while two percent involve texting while driving.

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 Posted on June 28, 2011 in Articles

It may soon become illegal not to wear a safety belt while sitting in the back seat of a vehicle in Illinois. The Illinois Senate sent the legislation to Governor Pat Quinn on May 27th to be signed into law.

Current laws in Illinois only require passengers under 19 years of age to wear seat belts in the back seat. All occupants in the front seat must wear seat belts. If the bill is passed, there would be exclusions including the back seats of limos, taxis and emergency vehicles.

The legislation became important to sponsor State Representative Michael Tryon (R-Crystal Lake) when he heard the story of a local widow, Paula Doren.

Paula's husband Larry Doren was killed in a 2006 crash that occurred while he was driving with his co-workers un-belted in the back seat of his Honda CRV. Paula claims that her husband's death was partially caused by the injuries sustained when the back seat passengers' flew forward and struck him.

Supporters of the measure feel that the law will prevent injuries and fatalities in motor vehicle accidents. "We're going to save lives and serious injuries, which in effect saves taxpayers a lot of money," explained State Representative Mark Beaubien.

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