Pit bull attack in DuPage County results in permanent injuries to young boy

DuPage County dog bite lawyer, John Malm , has been retained by the father of 17 year old DuPage County boy to present a claim for damages on behalf of his son, who suffered severe injuries when he was attacked by a friend's pit bull at their home, nearly 8 years ago. The boy, who was 10 years old at the time, had been playing in the friend's backyard when it began to rain and the boys headed toward the house. The family's Staffordshire terrier (pit bull) chased and tacked the boy, viciously biting the small boy on the head and torso. The dog, which continued to bite the little boy, would not let go until its owner physically intervened and stopped the attack. DuPage Animal Control investigated the attack, and the dog was destroyed. Naperville personal injury attorney, John Malm, has presented a claim to the dog owner's liability insurance carrier on behalf of the victim, now 17. The claim seeks damages for the injuries suffered in the 2004 attack. Under the Illinois Animal Control Act, the owner of a dog that, unprovoked, attacks or bites someone may be civilly liable for the injuries and damages caused by the attack, even if the animal was not known to have ever attacked anyone previously. In every instance of a dog bite, it is important to contact Animal Control so that a report can be made and potentially dangerous animals can be identified to prevent attacks on others.

Lawsuit filed after young boy is chased by dog in Will County

The parents of a Romeoville boy have retained Will County dog bite lawyer, John J. Malm, to pursue a legal claim against the owner of a dog who chased their son, injuring the boy. Naperville injury attorney, John Malm, has filed a lawsuit on behalf of the boy in the Circuit Court of Will County pursuant to the Illinois Animal Control Act , seeking damages for the injuries suffered by the boy after the dog chased him. The boy, who was riding his bicycle, tried to pedal away and escape the dog when he suddenly struck a parked car. The boy suffered injuries, including a head injury, as a result of the incident. Under Illinois law, the owner of an animal who, without provocation, injures any person who is peaceably conducting himself may be liable for civil damages that result. The lawsuit seeks damages in excess of $50,000.

Lawsuit filed Cook County after parking lot slip and fall results in injury

Naperville slip and fall attorney, John Malm , has filed a lawsuit on behalf of a North Aurora man who suffered injuries after falling in an icy parking lot in suburban Cook County. The premises liability lawsuit seeks damages for the injuries suffered by the man when he was directed to move his car to the far end of an icy parking lot before snow clearing efforts were safely completed. The parking lot, which had been plowed, but not salted, became icy due to snow removal efforts, which created an unnatural accumulation of ice. In Illinois, injured persons may seek legal redress for injuries suffered due to slip and fall incidents when the hazardous condition is man-made. There is generally no liability for a hazardous condition created by falling snow or freezing rain (known as a "natural accumulation"); however, once snow removal efforts result in a hazardous condition (also known as an "unnatural accumulation" of ice or snow), the owner or occupier of the property may be liable. Sometimes, a cause of action may lie when an icy or dangerous condition is created in an area where persons are expected to enter the property (otherwise known as a duty to provide a safe means of ingress or egress). Naperville personal injury lawyer, John Malm, encourages anyone who believes that they have fallen due to snow and ice to consult with an attorney right away.

Superheated glass enclosed fireplace in lobby of Illinois hotel results in burn injuries to toddler

Illinois premises liability attorney John Malm has filed a lawsuit seeking civil damages on behalf of the family of a toddler who suffered painful burn injuries to both hands when the child came in contact with a fireplace recently. The glass encased gas-powered fireplace was situated in the lobby of a hotel. However, there was no protective screen in front of the fireplace to prevent small children, who were expected to play there, from contacting the superheated glass, which is believed to have been in excess of 500°F. The child suffered palmar-type burn injuries to both hands, requiring months of medical treatment. Burn injuries can often be prevented through the use of simple safety measures. In the case of gas fireplaces, it is best to place an inexpensive protective screen in front of any fireplace when children are present. The lawsuit filed by Naperville injury lawyer, John J. Malm, seeks damages for the permanent burn injuries suffered by the toddler as a result of the hotel's carelessness in failing to guard against the extremely dangerous condition in its lobby.

Settlement reached in insurance coverage dispute after motorcycle accident in Cook County

Naperville car accident lawyer and insurance coverage litigator, John Malm, has reached a settlement on behalf of a client who suffered serious injuries in a motor vehicle accident on Route 38 in suburban Cook County. The man, who was struck in an intersection, was thrown approximately 40 feet from his motorcycle upon impact. He underwent multiple surgeries to treat numerous orthopedic injuries, including laceration injuries suffered to his arm and knee, as a result of the accident. An investigation revealed that the driver of the striking vehicle no longer resided at the primary residence identified in his automobile liability insurance policy. The insurance carrier, who provided liability coverage to the striking motorist, sought to deny coverage to its policy holder due to his failure to notify the carrier of the change. The carrier argued that because the vehicle was being kept at a location different than the residence location identified in the policy, the driver was no longer insured with the same $250,000 coverage limits; instead, the policy provided only $25,000 in coverage as though the driver was merely a permitted user, rather than a named insured. Presented with this issue, Illinois insurance coverage attorney John Malm identified an inconsistency between the policy language and the language used by the carrier in the declarations of coverage issued earlier the same year. An inconsistency or "ambiguity" in a contract of insurance is generally construed against the insurance carrier who drafted the contract, and not against the policy holder. When an ambiguity arises, a liability insurance carrier who refuses to settle an otherwise valid claim may be held accountable to both the Plaintiff and the Defendant for exemplary damages and attorney's fees for "bad faith".

Lawsuit filed after vicious box cutter attack at Kankakee night club

A Kankakee man, who survived a vicious attack inside a Kankakee night club last year, has retained Naperville personal injury lawyer, John J. Malm, to file a lawsuit against the owner of the club after an intoxicated patron came after him wielding a box cutter. The client, who suffered severe laceration injuries to his neck, seeks compensation for the injuries he suffered when employees at the club restrained the dangerous attacker, but let him go before the man could safely leave the premises. The lawsuit filed in the Kankakee Circuit Court alleges that security personnel at the club undertook to restrain the dangerous and intoxicated attacker after the two men initially scuffled inside the club; however, security personnel released the attacker before the victim could safely leave. Under the Illinois Dram Shop Act, a person who is injured by an intoxicated person has a right of action against the seller of the intoxicating liquor. In addition, Illinois law provides that someone injured by a quarrelsome, disorderly, or vicious person inside a bar or tavern may have a claim against the owner of the establishment when employees fail to protect against the misconduct of such persons. A tavern keeper, or innkeeper, may owe a high duty of care to patrons inside the establishment under certain circumstances.

Another Glass Vase Injury Reported

Illinois Product liability lawyer, John Malm, has been retained to represent a Wisconsin man who was injured when a 20” vase purchased from Michael’s Stores, Inc. suddenly shattered in his hand. The Chinese-made glass vase is believed to be one manufactured by Gerson, which was subject to a CPSC recall in 2010. The man suffered serious laceration injuries to his hand, including tendon and nerve damage, necessitating surgery. The claim being pursued by attorney Malm seeks damages for laceration injuries, including nerve and tendon damage, which are permanent. The incident, like others that have been widely reported in the past few years, occurred suddenly and without notice, by merely holding the product.

CPSC Recalls Glass Vases from Michael’s Stores

November 15, 2011. The U.S. Consumer Product Safety Commission (CPSC) has announced a product safety recall of Ashland Glass Vases. See, http://www.cpsc.gov/cpscpub/prerel/prhtml12/12040.html. According to the CPSC, the recall was initiated due to numerous reports that the glass vases can break or fracture simply by holding the vases. The vases pose a serious laceration hazard to consumers. The CPSC describes the vases as “rectangular and made of clear glass.” The vases are 12 inches tall, 8 inches wide and 2.5 inches deep. The vases were sold exclusively at Michaels Stores for about $20. Injured consumers are advised to keep receipts and to carefully package and retain broken vases as evidence.

Illinois product liability lawyer, John J. Malm, believes that the safety recall is necessary to protect consumers. “The thin glass sometimes used in this type of vase presents an unseen danger. My clients have suffered permanent tendon injuries and nerve damage from other recalled vases. In one instance, our engineering consultant found that a vase had been made with glass thinner than an ordinary light bulb. This is not apparent to purchasers who may be injured by holding the vases.”

The CPSC previously recalled similar 20” vases made by The Gerson Company in 2010. Those vases were also sold at Michael’s Stores in the U.S. The CPSC estimates that 203,000 of the 20”, rectangular -shaped vases that were sold in the U.S. are now subject to recall. The CPSC explained that the recalled 20” vases are made of clear glass and measure about 4″ wide x 20″ tall. The vases were sold for about $15.

Naperville injury lawyer, John J. Malm, has represented victims of glass products and laceration injuries, including injuries from vases purchased at Michael’s Stores.

Firm Welcomes New Associate

The Law Offices of John J. Malm welcomes Jason P. Schneider as a new associate. Jason is a 2011 graduate of The John Marshall Law School in Chicago, Illinois. Jason is an exceptional young attorney. He graduated magna cum laude and served on both the John Marshall Law Review and the Dominick L. Gabrielle Moot Court Team while attending law school.

In addition to academic honors, Jason was selected and served as a judicial extern to the Honorable Judge Jeffrey Lawrence in the Circuit Court of Cook County, Law Division. He also clerked for over two years at two preeminent Chicago personal injury law firms.

“I am pleased to have Jason at our firm,” John Malm stated. “He begins his work as a licensed attorney ahead of many of his colleagues, having already obtained valuable litigation experience as a judicial extern and as a law clerk with some well-known firms. Jason will be an asset to our firm and to our firm’s clients.”

Jury Awards $1.4 Million to Mother Who Witnessed Baby's Decapitation During Delivery

A Louisville, Kentucky jury has found against two doctors and awarded nearly $1.4 Million to our client, a young mother, who tragically witnessed the sudden decapitation of her baby during premature delivery. The jury found for the woman and against the doctors, awarding her $1,362,000 in damages for the severe emotional injuries she suffered, including post-traumatic stress disorder ("PTSD") as a result of medical malpractice. Illinois birth injury lawyer, John J. Malm, was one of the attorneys retained to represent the client. Co-counsel, Mark Mathys, conducted the lengthy trial in Kentucky.

The lawsuit was filed claiming damages for injuries suffered by the Aurora woman due to mistakes that were made by her doctors in Kentucky, which resulted in birth injuries and wrongful death. The woman was hospitalized for pre-term labor. Her care was mishandled by doctors who improperly managed the placement and removal of a cerclage, a string-like device that is looped around the cervix to prevent a premature birth. It was argued that, when spontaneous delivery occurred prematurely, the device acted like a noose around the baby's neck, resulting in decapitation. Read more about this case.

Left-turning Motorist Causes Intersection Accident with Motorcycle

Motorcycle accident attorney, John Malm, was recently retained by man who was seriously injured by a careless, left-turning motorist when he was struck and seriously injured while traveling through an intersection in Cook County. According to police investigators, the driver of the car never saw the motorcycle. Illinois law requires that a driver turning left at an intersection must yield right-of-way to approaching traffic. 625 ILCS 5/11-902. At intersections, motorcycles are at a greater danger than cars. Despite the exercise of care, the safety of law-abiding motorcyclists is often placed at risk by the inattention of automobile drivers. Approximately three-fourths of injury-causing motorcycle accidents involve a collision with another vehicle, usually a passenger automobile, according to the report, Motorcycle Accident Cause Factors and Identification of Countermeasures, published by the University of Southern California's Traffic safety Center, also know as the "Hurt Study."

Bicyclist Fatally Injured in Motor Vehicle Accident

Naperville car accident attorney, John J. Malm, was recently retained by the family of a young man who was tragically struck and killed on his bicycle. According to John Malm, "the evidence, including the report of police investigators, will show that the young man was riding his bicycle within a pedestrian crosswalk at the time of the incident." Under Illinois law, bicyclists are entitled to the same rights as pedestrians. 625 ILCS 5/11-1512. Approximately 80% of all pedestrian accidents occur in a crosswalk, according to a recent newspaper article detailing a Chicago traffic study of car accidents and pedestrian accidents reported since 2005.

Augustana Grads Separated by Twenty-Two Years Work Together to Serve Justice

Attorney John Malm and fellow Augustana College alum, Tim Peterson, were pleased to be the subject of a feature article in the August Magazine recently. The two "Vikings" worked together to prepare for a jury trial in a highly-publicized case. According to Malm, "Tim has been an asset to our litigation team this year." You may read the full text of the article here.

Missing Contract Proved By “Course Of Dealing”?

How can the terms of a contract be proved when the written agreement itself can no longer be found? Sometimes the way the parties act can reveals that a contract exists, and even the specific terms under which the parties agreed to be bound. A form of evidence (known as “parol evidence”) that a court may consider when an agreement has not been reduced to a clear and unambiguous writing is the “course of dealing” that exists between the parties. How the parties acted toward each other before the dispute arose is probative of whether and how the parties intended to be bound.

Attorney John J. Malm recently settled a lawsuit in which he argued that a “course of dealing” established the intent of the parties to be bound to a decades-old agreement, after contract documents originally signed by the parties could no longer be found, and the people who had signed the documents nearly two generations earlier were no longer living. Mr. Malm’s client sought declaratory relief and alleged a breach of contract based on a decades-old “course of dealing.” The defendant asserted it had no legal liability to the fund, pointing to the fact that no signed documents proving its association in the risk pool could any longer be produced by record-keepers.

Mr. Malm produced copies of invoices, cover letters, receipts and cancelled checks demonstrating that the parties’ course of dealing -- in repeatedly accepting both the liabilities and benefits of membership in the fund over a period of years -- was consistent with the existence of an agreement to be mutually bound by the contract. A confidential settlement was reached before hearing on a motion for summary judgment.

The Illinois Appellate Court’s Recent Decision in Nicholson v. State Farm Mut. Ins. Co.   is a win for automobile insurance policyholders in Illinois.

The Illinois Supreme Court has denied an appeal by State Farm Insurance, thus, allowing to stand the decision of the Illinois Appellate Court in Nicholson v. State Farm Insurance, No. 2-08-0639 (2nd Dist. 2010)  construing the obligations of an insurance carrier to provide underinsured motorist coverage pursuant to section 143a--2 of the Illinois Insurance Code  (Code) (215 ILCS 5/143a--2 (West 1998). Under the decision, “whenever liability coverage is increased above that provided under the previous policy, insurers must again offer UM coverage equal to liability coverage and obtain a signed election declining such equal coverage.” The decision represents an expansion of consumer rights for purchasers of automobile insurance in Illinois.

Attorney John J. Malm proudly served as trial and appellate counsel to the Nicholson family, who tragically lost both of their parents when their vehicle accidentally crossed the center line and became involved in a head-on collision. Evidence obtained in the lengthy coverage battle with State Farm included an admission by State Farm’s agent that its underwriting file had been discarded, and that the written election of coverage form was not obtained by the State Farm at the time the coverage changes were issued in the subsequent policy.

Careless instruction during “take-down” maneuver in martial arts class results in injury.

Attorney John J. Malm was recently retained by the family of a young boy who was injured as a result of a careless incident at a martial arts training facility in DuPage County. The child, who was being taught and demonstrated a “take-down” maneuver in class, was abruptly dropped to the floor by an adult instructor. The claim seeks damages for serious injuries suffered by the child. Many sports injuries -- even in martial arts -- can be prevented with proper instruction and by following safety guidelines.

Distracted Driving causes injuries to pedestrian.

Attorney John J. Malm was recently retained by an elderly man who became another victim of distracted driving when he was struck and seriously injured while crossing a street in a Cook County suburb. A woman on her cell phone struck the pedestrian in a cross-walk. Driver inattention is a major contributor to highway crashes. The National Highway Traffic Safety Administration  estimates that at least 21% of police-reported crashes involve some form of driver inattention. In 2008, Nearly 6,000 people died in crashes involving distracted driving.