Recent Blog Posts in March 2009

An Illinois woman filed suit in St. Clair County last week against a shoe store in the mall alleging that the uneven threshold at the entrance caused her to fall and fracture her hip.

While shopping at St. Clair Square in Fairview Heights, Khristine Randolph tripped over the two-inch wooden threshold at the door, sustaining a fractured hip joint and injuries to her back and neck.  She claims that because the difference in height was not noticeable and no warning signs were present, the store is liable for her injuries and medical costs.

In addition to medical costs, Randolph claims pain and mental anguish as well as an inability to pursue ordinary duties of life.  She seeks a judgment of $50,000-75,000, plus costs.

If you have been injured on someone else's property because of unsafe or hazardous conditions, you may have a legal claim.  Slip-and-fall cases hold the property owner responsible for injuries whenever a warning sign is not present or the ground was damaged.  Call one of our experienced personal injury attorneys at Page Cagle today for a free consultation.

Text messaging has become the new topic of debate in cell phone usage while driving as the occurrence of texting-related accidents is on the rise. 

In what many have called a social epidemic, text-messaging among young teen drivers in particular has many officials quick to draw up new legislation banning the practice.  U.S. News and World Report recently published an article about this very topic, stating that about 20% of drivers text while driving, a statistic that jumps to 66% when 18-24-year-olds are isolated. 

Although no one knows the percentage of accidents caused by texting, more and more accidents today attribute the cause of the crash to an inattentive driver who was either texting, checking voicemail or dialing. 

Cell-related crashes have become so prevalent that legislators in five states have banned hand-held cell phone usage while behind the wheel.  Washington and New Jersey expressly prohibit driving while texting (DWT).  So far, 16 states are considering similar legislation that will either outlaw or restrict the practice, and 24 states are deciding on whether to ban talking on cell phones as well.

Some of the reasons mentioned in the article for why texting has become popular among all age groups is the increased sophistication of phones that cater to texting abilities through the use of touch-screens or full keyboards.  The danger obviously is that too many drivers are looking down at their phones instead of the road.

If you have been injured in an auto accident due to driver carelessness or reckless driving, call the Car Accident Attorneys at Page Cagle today for a free consultation.  We handle cases in both Illinois and Missouri.

The Ticklish Turtle, a baby's water float manufactured by Aqua-Leisure Industries, faces a potential nation-wide recall after a Boston news channel investigation team uncovered evidence that the company has received multiple consumer complaints of near child drownings.

Among the internal corporate documents, statements included phrases such a, "10-month-old went right through the seat," and "child almost drowned."  Despite these reports, however, Boston Channel stated that the company continued to allow the defective product to be sold in stores.

Former Aqua-Leisure customer service supervisor Robert St. Jacques worked with the company when the complaints came in about the Ticklish Turtle and put his concerns in writing to his supervisors.  "I am not shy to let them know if a product has a potential injury or serious drowning issue.  That's my job."

According to Boston Channel's Team 5 Investigates, a product nearly identical to the Ticklish Turtle, SunSmart Float, was recalled in 2001 following a dozen complaints to the U.S. Consumer Product Safety Commission that the product was defective and children were falling into the water.

So far, Aqua-Leisure has not recalled the toy, but insists that it has stopped selling it.  It plans to market a similar floating device this year that has a stronger leg divider.

If you have experienced injury due to a defective product, you may be entitled to a product liability claim against the manufacturer and/or the company who sells it.  Most product liability cases in Missouri and Illinois generally involve products that have a poor design or a manufacturing defect.  Contact an experienced Defective Product Lawyer at Page Cagle in St. Louis today for a free consultation.

Michael J. Marler filed suit last week in St. Clair County against Brian Kessler over a car accident that Marler claims left permanent scars on his face as well as loss of income.

The accident occurred in April 2007 when Kessler sideswiped Marler's vehicle as he was trying to turn left out of his driveway onto Old Freeburg Road.  As a result, Marler struck a tree, sustaining property damage, bruising and injuries to his orthopedic, neurologic, and muscluar systems.

Marler alleges that Kessler was negligent for failing to keep his car under control and to avoid a collision, and by failing to yield right of way. He seeks compensation for lost income, medical expenses, and punitive damages.

If you or a loved one has been injured in a car accident, the attorneys at the premier personal injury law firm Page Cagle are available 24/7 to answer any of your questions.  If the driver of the other vehicle was negligent or reckless, you may be entitled to compensation, but it is important to speak with one of our skilled Car Accident Attorneys immediately to begin building your case.

Michael Aaron filed a lawsuit last week in St. Clair County in Illinois against Donna Donaby for injuries he incurred after a multi-car accident in which Donaby was liable.

At the time of the crash, Aaron claims he was stopped at a red light in Belleville when Donaby rear-ended a vehicle two cars behind him.  The force of the impact sent both cars forward, and Aaron was hit from behind. 

Subsequent investigation concluded that Donaby's BAC was more than the legal limit of 0.08.

According to the suit, Aaron suffered bodily injuries as well as disability and disfigurement.  He claims his injuries resulted in past and future pain and suffering as well as lost income and medical expenses.

The two-count suit alleges that Donaby was negligent by driving in excess of the speed limit and under the influence of alcohol with a BAC of more than 0.08.  She also negligently drove when she knew she was unfit to do so and failed to avoid a collision.  He currently seeks a judgment in excess of $100,000, plus costs.

After sustaining serious injuries in a car accident, it is important to contact an attorney to determine your legal rights.  If the other driver was negligent, you may have a claim and can seek full or partial compensation for your medical bills as well as punitive damages.  Contact an experience Car Accident Lawyer at Page Cagle in St. Louis today for more information and answers.  We handle cases all over Missouri and Illinois and are available 24/7 for a free consultation.

King County officials settled a wrongful death lawsuit filed by the family of Michael Dahlquist over a 2008 accident involving a Metro bus for $1.5 million.

Dahlquist, age 21, was driving his pick-up truck on Highway 164 when a Metro bus driver apparently swerved to avoid another vehicle and hit Dahlquist's truck.  Police investigation of the fatal crash showed that the bus driver may have been speeding.

Dahlquist's family filed suit against the county claiming that the driver's negligent driving was the reason for their son's death.  The family's attorney filed documents alleging that the driver had a history of accidents, thus claiming that the King County Transit Agency was negligent as it allowed the driver to continue working. 

Auto accidents involving large vehicles like buses or trucks often result in heavy damages or even death.  If you have been injured in an auto accident, do not hesitate to call our offices and speak with a member of our legal team.  We handle all types of auto accidents from cars to big rigs, both in Missouri and Illinois.  Contact us today for a free consultation.

At the end of last month, prosecutors filed charges against Brenda Jean Caringer, a babysitter from Willard, MO, for the murder of 9-month-old Lucas Payton Theede-Bennett.  The infant's parents subsequently filed a wrongful death suit this month against Caringer.

According to Caringer's statements, when Lucas's mother dropped him off back in January, the child was crying and unable to be consoled.  When he left him in the living room to prepare a bottle, she came back to find him standing by the coffee table.  She claims that he then fell backward and struck his head.  He continued to scream but was unable to sit up for several minutes afterward and then went limp.

Although her story of a head injury corroborated with the autopsy, the coroner stated that the significant injuries to the infant's head classified as a homicide, not an accident.  As a result, Coringer faces 10-30 years or life in prison for second degree murder with charges alleging that she, "knowingly injured or killed Lucas by shaking him or causing his head to be struck."

Entrusting the care of a loved one into the hands of someone else is always a difficult decision, especially when considering that a single moment of negligence or recklessness can result in a tragedy.  If you have lost a loved one due to the actions of another, you may have a wrongful death claim.  The knowledgeable Wrongful Death Attorneys at Page Cagle are available 24/7 to answer any and all of your questions.  Contact us today.

Yet another Norfolk Southern Railway Company employee has filed suit this year for injuries sustained while working for the rail company. 

Kenneth R. Ringe, an employee since 1973, claims that over the course of his career he incurred injuries to his neck, back and upper extremities from operating heavy machinery and impact tools.  In addition to physical injuries and medical costs, he suffered mental anguish, lost wages and pain and suffering.

As a result, Ringe stated that his ability to work and enjoy normal pursuits of life have been heavily impaired.  He seeks a judgment of at least $50,000, plus costs.

Because worker's compensation does not cover employees of interstate railroads, Congress enacted the Federal Employers Liability Act to ensure that rail workers can file lawsuits against their employers if they are injured on the job.  If the negligence or carelessness of your employer has caused you injury, then it is imperative that you speak to an experienced FELA attorney at Page Cagle.  We can help you build your case and get the compensation you deserve.  Contact us today for a free consultation.

This week, a jury in Polk County, FL awarded a 21-year-old woman $65 million for her injuries from a 2007 accident with a tractor-trailer. 

Prior to the crash, Kendra Lymon was studying psychology and could speak six languages.  While in school, she also worked for the Florida Institute of Neurologic Rehabilitation as a residential aide.

Now, she relies completely on family and friends to help with basic daily tasks such as showering and eating, and she has difficulty speaking at all.

The crash occurred in August of 2007 when Lymon passed through an intersection where her lawyers and an eye witness claim she had the green light.  At the same time, Robert Bohn, a battalion chief for the county fire services, drive through the intersection and crashed into Lymon's Dodge Neon.  The severity of the crash left Lymon with significant injuries that require 24-hour care and supervision.

The tractor-trailer Bohn was driving was owned by Bynum Transport, a company that Bohn was working part-time for at the time of the crash.  The lawsuit named both Bynum Transport and Bohn as defendants.

Accidents involving tractor-trailers and big rigs are some of the most devastating auto accidents, often resulting in significant injuries to drivers of smaller vehicles.  If you have been involved in a truck accident where the driver was at fault, call the Truck Accident Attorneys at Page Cagle today for a free consultation.  We will help you build your case and get the compensation you deserve.

The parents of 12-year-old Dereka Williams filed a lawsuit last week against Worldwise Inc. and the parent company of Dollar General after a retractable leash malfunctioned and caused significant damage to their daughter's eye last April.  The family alleges that the companies failed to warn pet owners of the risk, thus allowing a dangerous product to make it on the shelves.

At the time of the accident, Dereka was walking her puppy when the leash suddenly popped and hit her directly in the eye.  When her mother looked at it, she saw a piece of metal lodged in her pupil.

Dereka had emergency surgery to remove the metal and has undergone two corrective surgeries since then.  Immediately following her injury, she was forced to spend the rest of the school year on bed rest, often complaining of headaches and trouble balancing.  Despite the multiple surgeries, her vision in the one eye is still very poor.

After Dereka's accident, the U.S. Consumer Product Safety Commission and Worldwise recalled nearly 223,000 SlyDog leashes, acknowledging that the product posed serious risk for injury.  The company received five reports of injuries, all concerning the upper body and face.

When someone is injured by a dangerous or defective product, the manufacturer can be held liable for damages.  Most product liability cases in Illinois and Missouri involve products with defective designs or improper warnings.  If you have been injured by a defective product, do not hesitate to contact us at Page Cagle in St. Louis, as we have the experience and know-how to successfully litigate your claim.  Call us today for a free consultation.

When her husband worked at the Union Asbestos and Rubber Company in Bloomington, IL in 1962, Jean Holmes had no idea that the toxic asbestos fibers on his clothes were harming her.  Even though her husband only worked at the company for one year, when she died in 2006 from mesothelioma, her doctors attributed her disease to second-hand asbestos exposure, most likely a result from doing his laundry.

Following their mother's death, Holmes' family filed a wrongful death suit against the corporate predecessors of Pneumo Abex LLC and Honeywell International, Inc., alleging that they knew about the risks of asbestos exposure and failed to warn employees or the families about the safety hazards. 

An Illinois jury agreed with them, awarding $2.6 million in damages.

Mesothelioma is a rare form of cancer that develops in the lining of the lungs and chest, and it is most commonly caused by asbestos exposure and inhaling asbestos fibers.  Direct and indirect exposure can cause the cancer cells to form, so workers who come in contact with asbestos can expose others if they bring home fibers on their clothes or skin, or in their hair.

If you or a loved one has suffered injuries as a result of harmful working conditions or exposure to toxins, you may be entitled to a claim as it is the responsibility of all employers to provide a safe working environment.  Contact one of our experienced personal injury attorneys at Page Cagle today for a free consultation.

The University of Missouri reached a settlement last week in the wrongful death suit filed by the family of Aaron O'Neal, a football player who died in 2005 after a preseason workout. 

O'Neal was 19 years old when he collapsed during a voluntary conditioning session on July 12, 2005. Because he carried the sickle cell trait- a hereditary condition often linked to heatstroke and exercise-induced collapse in athletes- O'Neal died two hours later.

Two months after his death, O'Neal's father sued several MU employees claiming that they failed to take the proper medical precautions his son needed as a carrier of sickle cell.  Witnesses stated that O'Neal struggled with the conditioning drills about 45 minutes into the hour-long workout, but did not stop to rest.  He slumped over as soon as the last drill ended.

In 2007, college teams began screening for sickle cell after at least 10 athletes died in the past 8 years, most under similar circumstances as O'Neal.  Trainers often mistook the symptoms of injury from the blood disorder as heat exhaustion, muscle cramps, or heart issues.  They now know the dangers of the condition and understand the limits of those players. 

Because of this, O'Neal's family said strength and conditioning coaches should have been more careful with their son's health during strenuous workouts.

Losing a family member or loved one is certainly a traumatic experience, especially when it is the result of someone else's negligence or error.  If you believe you have a wrongful death claim, do not hesitate to contact an experienced Wrongful Death attorney.  At Page Cagle, we handle cases in Missouri and Illinois and are available 24/7 to address any of your questions or concerns.  Contact us today.

This week, a Chicago wrongful death attorney settled a suit regarding a semi-truck collision that killed Debra Cunningham of Danville, Illinois for $1,495,000.

Cunningham died in August of 2004 when a Dayton Freight Lines semi-tractor trailer collided with her vehicle at an intersection.  Henry Butler, the truck driver, failed to yield to a non-reflective stop sign the city placed in the intersection after a severe thunderstorm knocked out the traffic lights. 

Witnesses said that Cunningham had come to a complete stop, and after proceeding through the intersection, was hit by the semi.  She died from the force of the impact.

The suit named the City of Danville, Dayton Freight Lines, and Henry Butler as defendants in the case.  The Cunningham's attorney stated that the city bore some responsibility because the stop sign was in the wrong spot in the street and was non-reflective, which posed a direct risk to drivers passing through the intersection.  He also claimed that since Butler was familiar with that intersection, he should have known to stop.

Due to the size and weight of semis, accidents involving big trucks often have severe consequences.  If you or a loved one was injured or killed in a semi collision, the lawyers at Page Cagle in St. Louis can help.  We handle cases all over Illinois and Missouri, ensuring that our clients receive the most compensation possible.  Contact us today for a free consultation.

Lexington Health Care Center of Lake Zurich outside of Chicago was sued last week on behalf of Edna Kneidek, a former resident who suffered multiple injuries from falls including a hip fracture that has left her permanently immobile.

According to the plaintiff's attorney, Kneidek was admitted to Lexington Health Care in Dec. 2006 after residing in an assisted living facility.  Because of her progressed dementia, her Kneidek's daughters felt it was the best option.

Upon admittance, the center classified her as "high risk" for falls, but because of its negligent care, she fell 5 times in the course of just 7 months.  One fall shattered her left hip, an injury that led Kneidek's family to remove her soon after hip surgery.

According to the suit, Lexington failed to properly assess Edna's risk for falls or protect her from injury.  Furthermore, the home did not respond to her complaints of pain after falling, nor did they transfer her to the hospital in a timely fashion.

If you have a parent or loved one who has been harmed or abused in a nursing home or assisted living facility, it is imperative that you contact a nursing home abuse attorney right away.  Whether it is neglect, carelessness, or physical abuse, you have the right to legal action.  Contact one of our experienced attorneys today for a free consultation.

After five DUIs, many wondered how Joseph Lynchard, 76, still had a drivers license.  They also wonder what he was thinking on the Monday afternoon after Easter in 2005 when he decided to drive home from his brother's bar after drinking more than a liter of red wine.  This decision not only earned him his sixth DUI charge, but it took the life of Kathryn Black who was biking on the side of the road.

At the time of the accident, Black had stopped to rest and was straddling her bike.  Lynchard, who had a BAC of 0.24 percent, slammed his car into her from behind.  She died from catastrophic injuries to her brain, neck, and spine.

In a civil suit, Kathryn's husband Hugh held Joseph directly responsible for his wife's death.  Furthermore, he alleged that Eddie Lynchard and his bar also bore responsibility because he knew that his brother frequently drank in excess at the bar and would drive home afterward.  Despite his record of reckless behavior, he even financed the truck Joseph drove the day he killed Black. 

According to court documents, by agreeing to look after his drunken brother, (after the previous 5 DUIs) Eddie assumed a legal obligation to control him.  Therefore, when Eddie let Joseph drink to the point of intoxication and then drive home, he essentially aided and abetted the behavior that lead directly to Black's death.

Although Eddie's attorney claims that Joseph bears sole responsibility for the accident, he advised his clients to settle.  Maxing out their personal, business, and auto insurance policies, the settlement came to $1.25 million.

Costing around $51 million annually, alcohol related traffic crashes are one of the most dangerous and tragic kinds of auto accidents.  If you or a loved one has been injured in a car accident involving a drunk driver, do not hesitate to contact an Auto Accident Attorney at Page Cagle in St. Louis.  We handle cases all over Illinois and Missouri, ensuring that our clients get the maximum compensation possible.  Call us today for a free consultation!

For at least the second time this year, Anderson Hospital faces a wrongful death suit where the family cited hospital and staff negligence as the cause for victim death. 

Claudia Terry filed suit in February against Anderson Hospital, Dr. Mahmood Qalbani, and two nurses over the death of her husband due to respiratory failure.  She alleges that Dr. Qalbani failed to diagnose and treat Terry's condition in time, causing him to suffer pain, mental anguish and disfigurement prior to his death.

According to the suit, Anderson Hospital was negligent because it failed to question the fentanyl doses that doctors ordered in combination with a morphine epidural, and for failing to recognize signs of inadequate respiratory function.  Furthermore, the nurses failed to appreciate the effects of multiple significant IV doses of the two medications and give instructions to the relief nurses of Terry's previous dosages.

Overall, the 15-count suit claims several acts of negligence against the Hospital, doctors, and staff, and Terry seeks a judgment in excess of $1.125 million plus costs.

When admitting a loved one into a hospital for medical attention, it is assumed that the physicians and nurses will provide safe and efficient care. If you have lost a loved one because of negligent medical care, you may be entitled to a wrongful death suit.  Because of state laws, you have a limited amount of time when you can file a claim, so it is imperative that you consult with a Wrongful Death Attorney at Page Cagle right away to begin examining your options. 

Craig and Colette Poettker filed suit in a St. Clair County court Feb. 26 seeking more than $700,000 for injuries that Craig sustained by a flying piece of debris while working on a road construction zone in Belleville. 

The debris was the result of an accident where Joseph Courtney crashed through a barricade while trying to change lanes.  The debris went flying and struck Poettker, causing him to suffer severe and permanent head and leg injuries.

Investigation proved that Courtney was driving in excess of 35 miles in the construction zone and failed to slow down to the posted speed limit when workers were present.  Furthermore, he failed to keep a proper lookout for hazards and maintain control of his vehicle, which resulted in him hitting the barricade.

According to the suit, Poettker claims the accident caused, "mental anguish, incurred medical bills, lost income," and the inability to attend to ordinary affairs of life.  His wife also claims a loss of consortium and society.

If you or a loved one has been severely injured in a car accident, you should not hesitate to contact an experienced Auto Accident Attorney.  At Page Cagle, we provide the skills necessary to handle cases all over Missouri and Illinois.  Contact us today for a free consultation.

In a complaint filed on Feb. 20 in a St. Clair County Circuit Court, Donna Bickl and Charles Adams sued the Southern Illinois Community Support Services facility for the wrongful death of their brother, Richard A. Taylor.

Taylor, a 54-year-old mentally retarded man, died last August due to complications from a hip surgery that he needed to repair a fractured hip, an injury he incurred at SICSSI.  Since he was unable to care for himself, Taylor lived at the care center under 24-hour supervision.  He injured his hip in the shower after the staff failed to put him in a shower strap, putting him at direct risk for a fall.

As a result, Taylor was hospitalized and scheduled for immediate surgery.  Complications from the procedure led to his death on August 19.  According to the suit, the plaintiff's claim that before dying, Taylor experienced, "severe pain, suffering, disfigurement, and loss of a normal life, and incurred medical expenses."

His relatives also state that his death caused them grief, sorrow, and loss of society.  They allege SICSSI staff was negligent in failing to strap Taylor into his shower chair and for a lack of oversight and supervision of his care. The four-count suit asks for a judgment greater than the minimum jurisdictional limits of the court including attorney fees and costs.

Losing a loved one is undoubtedly a painful and traumatic experience, especially if the loss was a result of another person's negligence or wrong-doing.  At Page Cagle, our wrongful death attorneys have the experience and skills necessary to litigate a wrongful death suit in Illinois and Missouri, knowing full-well the specifics of the state laws governing how and when to file.  If you have a wrongful death case, rest assured that the legal team at Page Cagle will do everything in their power to get you the compensation you deserve.  Contact us today for a free consultation.

After losing its appeal to the Montana Supreme Court, the city of Polson, Mont. is forced to accept partial responsibility of the Diamond Horseshoe Bar and Grill deck collapse that injured 80 people.

In July 2004, partygoers gathered on the deck of the Diamond Horseshoe and witnesses were shocked when it collapsed sending more than 80 people crashing into a concrete slab below.  An investigation concluded that a key support beam was improperly installed and played a major role in the collapse.  The architect hired to examine the remains stated that a wooden ledger connecting the deck to the building, "was not to code because the ledger was not protected from the elements."  Furthermore, screws needed to secure the balcony to the ledger were inadequate.

So far, at least 11 people injured have filed suits, all naming the bar owners as the key defendants. 

Ryan Funke, one of the plaintiffs, also named the city of Polson claiming it bore some of the liability for the faulty construction since it was responsible for approving the deck's construction and subsequent inspections. 

Furthermore, an anonymous caller tipped off the city's building department that the deck was not safe only 14 hours before the incident.  Attorneys for the city argue that without specific information, nothing could have been done to stop the accident even if there was more time, and they asserted that the city had absolutely no liability in the accident.

A jury awarded Funke nearly $684,000 in damages, apportioning 95 % to the bar and 5% to Polson.  The city appealed, but the state Supreme Court upheld the original judgment.

Whenever you are injured on someone's property- whether it is a bar, restaurant, home, etc.- you have the right to file a premises liability claim.  The reason is because property owners have the responsibility to keep others safe from potential hazards through upkeep and maintenance as well as warnings.  If you have been injured on someone else's property and feel you have a premises liability claim, do not hesitate to call the attorneys at Page Cagle in St. Louis today.  We can advise you of your options and fight for the compensation you deserve.  Call today for a free consultation.