Recent Verdicts & Settlements
I have proudly recovered millions of dollars in verdicts and settlements for my clients and their families. A summary of some of the results I have obtained on behalf of my clients in their important cases, both large and small, is provided for your consideration:
Confidential. DuPage County, Illinois. A wrongful death settlement was reached by sports injury lawyer, John Malm, on behalf of the family and survivors of Eric Lederman, a 12-year-old Oswego boy, who tragically died after being struck by a baseball during a warm-up at a PONY league travel baseball game in Wheaton, Illinois. The Oswego Baseball & Softball Association ("OBSA") team was playing its season opener when Eric was struck in the neck by a baseball thrown to him during a pitching warm-up off the field. He was not wearing a catcher's helmet, mask or protective gear. In the settlement, which was reached after a mediation, OBSA has agreed to adopt “ The Eric Lederman Rule”, a new safety rule that requires at least one coach be dedicated to the supervision of players while warming up off the field, and to help ensure the use of safety equipment. PONY league baseball has enacted a new rule interpretation that incorporates the provisions of the Eric Lederman Rule; the new rule will take effect nationally beginning in 2014.
Confidential. DuPage County, Illinois. A confidential product liability settlement with the Ford Motor Company was reached by car accident lawyer, John Malm, on behalf of a Hinsdale woman and her children who suffered multiple injuries in a van rollover incident on I-88 in Naperville, Illinois. The lawsuit alleged that the extended van ("E-series") was defective and that the woman’s injuries, as well as those of her children, were caused or contributed to by the vehicle’s design.
$3,000,000. Kankakee County, Illinois. A policy limits settlement totaling $3,000,000 was reached by attorney John J. Malm and others, concluding a lawsuit brought on behalf of the owners and tenants of the River Valley recycling plant in Kankakee, Illinois. On September 2, 2011, a fire erupted on the building's roof, resulting in a total loss. A roofing contractor working at the site that day had placed its propane burning equipment on the roof when it left early for the holiday weekend. An investigation by the Kankakee Fire Department concluded that the fire started near the roofer's equipment, which could not be eliminated as the cause of the fire. A witness' cell phone video of the fire posted to YouTube showed that the flames were initially confined to an area surrounding the roofing equipment, as fire fighters arrived at the scene. The lawsuit filed by attorney Malm alleged that the fire started due to the roofer's carelessness in failing to safely store its equipment on the roof.
Confidential. Kane County, Illinois. A confidential product liability settlement was reached by construction injury lawyer, John Malm, on behalf of a 26 year old electrician who suffered serious injuries after falling 30 feet when a scissor lift he was operating at the Fisher Nut facility in Elgin, Illinois suddenly collapsed. The man suffered two broken wrists and a collapsed lung, as well as knee, shoulder and head injuries in the incident. An investigation revealed that a metal pin, designed to hold the lift in place when extended, suddenly failed, causing the lift to collapse. A safety bulletin issued by the lift manufacturer a few months earlier warned that a sudden pin failure could occur. The lawsuit filed by attorney Malm sought damages from the lift manufacturer, the lift owner and the servicer of the lift.
$1,600,000. Cook County, Illinois. Wrongful death, car accident. A settlement totaling more than $1,600,000 was reached by attorney John J. Malm on behalf of his client and others in a wrongful death lawsuit arising out of a motor vehicle accident in Chicago, Illinois.
$1,520,000. Will County, Illinois. Wrongful death, truck accident. A settlement totaling $1,520,000 was reached by Naperville attorney, John J. Malm, in a wrongful death lawsuit filed by the family of a 7-year-old girl who died as a result of injuries she suffered in a traffic accident at an uncontrolled intersection in suburban Will County. The young girl was a passenger in a car was heading to a soccer game northbound on 88th Avenue near the intersection of Steunkel Road in Frankfort, Illinois when the car was suddenly struck at an intersection by a westbound propane truck operated by Ferrellgas. At the center of the lawsuit were allegations of the township’s previous voluntary undertaking to inspect sight lines at the intersection, which were dangerously obstructed, according to the complaint. The township had argued it had no duty to install traffic control devices at the uncontrolled intersection, and was not obligated to address sight-line issues, pursuant to Illinois law that provides immunity to governmental entities. The court repeatedly denied the township’s motions to dismiss the complaint, allowing the case to go to trial. The lawsuit was settled shortly just before jury selection was scheduled to begin in the trial against the township and the propane gas company.
Confidential. DuPage County, Illinois. Settlement was reached on behalf of a passenger who was injured in a single-car, multiple rollover automobile accident. The Naperville man suffered blunt chest trauma with a closed head injury, concussion, loss of consciousness, memory loss, pulmonary contusion, internal bleeding, lacerations to his head, arms and feet, broken and separated clavicle as well as cervical, shoulder and back strain. The driver of the vehicle admitted that he fell asleep and lost control of the vehicle at a speed in excess of 75 mph. The lawsuit, filed by Naperville car accident attorney, John J. Malm, sought damages for the serious injuries suffered by the young man.
$1,500,000. Cook County, Illinois. First party insurance coverage, property damage. Settlement was reached on behalf of a large commercial building owner after a roof failure, following a hail event. Issues of fact litigated in the lawsuit included the advanced age of the membrane roof structure and whether the hail reported in the area had actually damaged the structure; the hail event occurred over a weekend, when the building was unoccupied. The insurance company argued that the roof was in disrepair due to the effects of aging or what is known as “migration” of plasticizers, a progressive weakness that occurs in plastic membrane-type roofing systems over time. (For a scientific discussion on migrating plasticizers, see this page). But evidence from key witness depositions tended to show that damage sustained was consistent with hail, and that coverage was, therefore, owed under the specific terms of the policy, regardless of the roof’s overall age or alleged state of repair.
$940,000. Nursing home abuse & neglect.
$810,000. Scott County, Iowa. Negligence, fire damage. A combined settlement was reached with multiple defendants in a complex litigation on behalf of two separate commercial tenants of an industrial warehouse complex, for damage and resulting business losses sustained as a result of a devastating fire. A lawsuit alleged that warehousemen and others, who were responsible for the safety and security of the warehouse and its contents, including its fire suppression system, were negligent in failing to prevent the spread of the fire inside the building. The exact cause of the fire was undetermined.
$737,500. Cook County, Illinois. Automobile accident. Settlement obtained for a client who suffered a shoulder injury with a rotator cuff tear as a result of a rear-end collision with heavy impact. The insurance carrier’s original offer to our client was $190,000. The client had initially retained another law firm, filed a lawsuit, and presented their case before a mediator. A “final” offer of settlement was made at mediation. The client’s original attorney urged the client to accept the offer of settlement. Instead, the clients rejected the offer, fired their former counsel and requested a second opinion from attorney John J. Malm, who agreed to take over the handling of their important case. Mr. Malm put together an aggressive litigation strategy that included depositions of key eye witnesses, who testified concerning the severity of the impact from the collision. He retained a vocational rehabilitation specialist and a forensic economist who offered opinion evidence supporting the client’s claims for future lost income, which resulted from his disabling injury. After vigorous cross-examination of the insurance carrier’s experts, including a prominent orthopedic surgeon and nationally-renowned forensic economist, the insurance carrier agreed to pay Mr. Malm’s client $737,500 to settle the case just before trial.
Confidential. Will County, Illinois. Slip & fall / Premises liability. A confidential settlement was reached before trial on behalf of a woman who suffered a ruptured quadriceps tendon and other injuries when she fell inside a bathroom stall at a retail store. A lawsuit filed by Naperville personal injury lawyer, John Malm, alleged that leaking water made the floor slippery and contributed to the woman’s fall-down. The woman, who underwent extensive surgery, now walks with the aid of a walker.
$735,755. Berrien County, Michigan. Wrongful death, truck accident. A settlement was reached by attorney John J. Malm on behalf of the family a of a semi-truck driver who was killed in St. Joseph, Michigan after the 18-wheeler he was driving rolled over on southbound I-94. A wrongful death lawsuit was settled following mandatory arbitration. The suit alleged that two municipal vehicles suddenly entered the expressway from the shoulder, causing the truck to make an evasive maneuver and accidentally roll over. The suit alleged that the municipal vehicles had entered onto the highway unexpectedly after driving over an off-ramp, and then merging suddenly into traffic.
$545,000. Premises liability/porch collapse. Read More...
$450,000. Chicago, Illinois. Liquid Burn Injuries, Premises Liability. Settlement was reached by John Malm on behalf of a 4-year-old boy who suffered second and third degree burn injuries due to scalding to his hands. The incident occurred when the boy’s hands made contact with hot water in a bathroom sink in an apartment in Chicago, Illinois. An investigation revealed that hot water from the faucet had reached temperatures as high as 152°F. Representatives of the apartment complex admitted that no regular inspections of the building’s water heater had been performed, despite awareness of its responsibility to keep the water temperature in the building safe for children. The boy underwent skin grafting procedures and was hospitalized due to his injuries. He suffered disfigurement to both hands.
$435,000. Motorcycle accident.
$400,000. Pit bull attack. Read More...
$393,020. Premises liability/fire.
$300,000. Champaign County, Illinois. Pedestrian Accident, Uninsured Motorist Claim. Settlement was reached by Naperville personal injury lawyer, John J. Malm, on behalf of a University of Illinois student who was struck by a pick-up truck on a city sidewalk in Urbana, Illinois. The 19-year-old woman was hospitalized and underwent surgery to treat an ankle fracture and other serious injuries.
$300,000. Nursing home abuse & neglect.
$295,000. Dog bite.
$285,000. Kane County, Illinois. Dog attack, premises liability. Settlement was reached by Chicago dog bite lawyer, John Malm, against the dogs’ and property owner’s insurance carrier after two pit bulls, which had been kept on the property, attacked a woman causing in a fall down a set of stairs. In addition to suffering numerous bite injuries, my client suffered two ruptured cervical vertebrae and underwent fusion surgery.
$275,000. Kane County, Illinois. Motorcycle accident. Settlement obtained for a client who suffered numerous injuries including a shoulder injury with labrum tear, and hand, wrist, knee and back injuries as a result of a motorcycle vs. car accident. The man, who was operating his Harley-Davidson motorcycle, was injured when a Geneva Police SUV suddenly turned in front of him without warning, causing the man to lay down the motorcycle, striking the pavement. The man underwent shoulder surgery and received extensive physical therapy. An investigation revealed that the officer, who was responding to a loose dog call, did not signal for the illegal turn or use lights and sirens. Settlement was reached after suit was filed and before trial.
$250,000. DuPage County, Illinois. Motorcycle accident, wrongful death. Motorcycle accident lawyer, John Malm, has obtained a settlement totaling $250,000 ($100,000 BI policy limits; $250,000 UIM policy limits) for the survivor of a man who suffered fatal injuries in a motorcycle accident that occurred when a car suddenly crossed over the center line of a West Chicago highway, striking him head-on. A lawsuit was filed against the driver of the car. There were no eyewitnesses to the crash. A detailed accident reconstruction, which included information downloaded from the car’s “black box” (event data recorder), could not rule out the possibility that the driver of the car had become distracted by a low-flying, vintage aircraft when he crossed the center line. A portion of the wrongful death settlement was paid from an underinsured motorist claim that was filed against the victim’s automobile insurance policy, which contained an endorsement for motorcycle coverage.
Confidential. Cook County, Illinois. Products Liability. A settlement was reached on behalf of a client who suffered severe liquid burn juries due to a defective product. The claim brought by Attorney John Malm, alleged a breach of warranty after the product, when used as intended, suddenly failed.
$250,000. Cook County, Illinois. Slip and Fall/Premises Liability. Settlement obtained by Naperville personal injury lawyer, John Malm, for a client who suffered a ruptured tendon and ankle fracture as a result of a fall down on an icy sidewalk in front of a funeral home in Arlington Heights, Illinois. Evidence showed that the accumulation of ice was unnatural; ice had formed near the bottom of a sloped wheelchair ramp due to melting snow that had been cleared and piled nearby. Additional ice accumulation from improperly directed downspouts could not be eliminated. Insufficient salting of the affected area contributed the the formation of a patch "black ice", which was not observable to the plaintiff. The plaintiff required podiatric surgery, with additional surgery of the tendon recommended.
$250,000. Kane County, Illinois. Automobile accident, uninsured motorist, insurance disputes. A policy-limits settlement was reached in an uninsured motorist claim on behalf of a passenger involved in an intersection collision.
Confidential. DuPage County, Illinois. Premises liability/trip and fall accident. Settlement was reached by Naperville attorney, John J. Malm, on behalf of a client who suffered injuries due to a trip and fall incident. The woman fell in a hole left by a missing section of sidewalk in Naperville, Illinois. The triangle-shaped hole measured approximately 16” x 28” and was approximately 3” in depth. The law suit alleged that the City of Naperville failed to maintain the sidewalk and failed to correct or repair the hole left in the sidewalk, which resulted in the woman falling and injuring her ankle.
$250,000. Kane County, Illinois. Laceration injury, scarring and disfigurement, municipal liability. A settlement for has been reached by attorney John J. Malm on behalf of a 10-year old girl who suffered an avulsion flap laceration in an accident with a municipal vehicle. The injured girl suffered hyper-pigmentation and disfigurement due to scarring.
$250,000. DuPage County, Illinois. Automobile accident. Settlement was reached on behalf of a 17-year-old, who suffered severe fractures in her right arm when she was a passenger in a rear-end-type automobile accident. The young woman required emergency surgery to perform an open reduction and internal fixation (ORIF) of the right radius and ulnar bone, and a closed reduction internal fixation (CRIF) of the right distal radius. The driver of the car was at fault in causing the rear-end accident.
$250,000. DuPage County, Illinois. Automobile accident, uninsured motorist, wrongful death. Pre-arbitration, policy-limits settlement was reached in an uninsured motorist claim on behalf of the survivors of a woman who was killed in a head-on (across the center line) collision.
$245,000. Kane County, Illinois. A settlement totaling $245,000 was reached by car accident lawyer, John Malm, for injuries suffered by a 46 year old Montgomery man who was injured in a head on accident on Orchard Road in North Aurora, Illinois. The accident was caused by a drunk driver. A police investigation found that the defendant had a blood alcohol level that was more than four times the legal limit.
Confidential. Cook County, Illinois. A product liability settlement was reached against a television manufacturer after a fire erupted in a suburban Chicago home. The lawsuit filed by product liability lawyer, John Malm, alleged that the fire started inside the CRT-type projection television in the middle of the night, due to leaking fluid from a CRT tube that caused an electrical failure. The house fire resulted in significant property damage and other losses. The complaint sought damages under theories of strict products liability, defective design and breach of warranty. A confidential settlement was reached before trial in Federal Court.
$230,000. Pedestrian accident.
$225,000. Slip & fall/premises liability.
$225,000. Car accident/shoulder injury.
$225,000. Motor vehicle accident.
$225,000. Defective product.
$222,500. Cook County, Illinois. Motorcycle accident, intersection accident with a car in suburban Chicago. Laceration injury to forearm, laceration injury to knee, hand and shoulder injuries. Settlement was reached in an motorcycle accident involving a left-turning automobile, which struck the Plaintiff. The Plaintiff, a 30 year old man, was struck and thrown approximately 35 feet from his motorcycle. He underwent surgery and physical therapy.
$220,000. Will County, Illinois. Dog Bite Incident. A pre-suit settlement was obtained for a young girl who suffered facial lacerations as a result of a dog attack that occurred during a neighborhood gathering in Naperville, Illinois. The dog was leashed at the time of the incident. The girl underwent a surgical repair of her wounds, but has suffered permanent scarring as a result of the attack. She will likely require additional plastic surgery in the future.
$220,000. Car accident.
$210,000. DuPage County, Illinois. Rear-end Automobile Accident, Shoulder Injury. A pre-trial settlement was reached for a man who suffered serious injuries, including tearing of the labral cartilage in his left shoulder, as well as other head, neck, and back injuries, for which he sustained as a result of a heavy impact rear-end-type collision in Downers Grove, Illinois. The man, who was stopped in his Toyota Tercel, was suddenly struck by a fast-moving Chevrolet Suburban. The impact forced the small vehicle into the intersection, breaking the front seats and rendering the man unconscious. The man underwent a labral shoulder repair, including a subacromial decompression and abrasion plasty of the humoral head and glenoid.
$200,000. DuPage County, Illinois. Motor Vehicle Accident, Underinsured Motorist Claim (UIM). Settlement was reached by Naperville accident attorney, John J. Malm, on behalf of a Burr Ridge, Illinois woman who suffered ankle injuries in an intersection collision that was caused by a driver who made a careless left turn. The client was hospitalized and underwent surgery to treat an ankle fracture and other injuries. The responsible driver carried only $50,000 in coverage with State Farm. After reaching an initial settlement with the left-turning motorist and State Farm, a successful arbitration action was undertaken against the client’s underinsured motorist (UIM) coverage with AAA Insurance, extending the total settlement to $200,000.
Confidential. Kane County, Illinois. IPL Laser Treatment Injuries, Burn injuries, Negligence, Battery and Willful & Wanton. A settlement was reached by Kane County personal injury attorney, John J. Malm, on behalf of a client who suffered 237 individual second degree burn injuries on her legs as a result of an IPL hair removal procedure.
Confidential. Kane County, Illinois. Strict products liability, negligent design, breach of warranty. A settlement was reached on behalf of a Batavia woman who suffered serious laceration injuries, including a severed tendon and severed nerves, when a glass nail polish bottle she was holding suddenly broke in her hand. The bottle fractured upon opening. The woman required multiple surgeries to treat her hand injuries and has permanent nerve damage. A lawsuit filed by Naperville product liability lawyer, John J. Malm, alleged that the glass bottle was unreasonably dangerous, due a defect in its design.
$180,000. Cook County, Illinois. Slip and Fall/Premises Liability. Settlement obtained for a client who suffered a lumbar disk herniation as a result of a fall down. A bag of salt had been left on a front step, causing the woman to lose her balance and fall backwards down the concrete steps. She underwent a right lumbar laminectomy and diskectomy.
$175,000. Nursing home abuse & neglect.
$150,000. DuPage County, Illinois. A pre-trial settlement was reached on behalf of a passenger of a “party bus,” or limousine, who suffered a neck injury requiring a double layer cervical fusion. The woman was being transported, along with members of a wedding party, to a nearby banquet hall for a reception. The woman suffered injuries when the bus made a sudden stop, sending her to the floor. The single-vehicle accident occurred in Lisle, Illinois. Evidence obtained during depositions revealed that the driver had become distracted and was looking down at his cell phone. The driver suddenly slammed on the brakes when he realized that the stop light had changed to red.
Confidential. DuPage County, Illinois. Falling object; Premises liability. Settlement obtained on behalf of a woman who suffered a serious shoulder injury at a retail facility when a ladder suddenly fell on her.
$140,000. Kane County, Illinois. Lead Poisoning, Injuries to Minors & Children, Premises Liability. Settlement was reached on behalf of three minor children who suffered lead poisoning after exposure to lead-based paint in a rented home in Aurora, Illinois. Evidence obtained through discovery revealed that the home had been under investigation by authorities from Kane County after a previous ordinance violation; settlement was obtained by Naperville attorney, John Malm, before trial.
$135,000. Car accident.
$130,000. Defective product.
Confidential. Will County, Illinois. A confidential settlement was reached before trial on behalf of a couple who alleged that a local hospital mishandled the remains of their deceased baby. The lawsuit filed by Naperville personal injury lawyer, John Malm, alleged that hospital personnel failed to follow the family’s instructions that the remains be preserved for private burial.
$125,000. Will County, Illinois. Trip and fall injury; Premises Liability. Settlement obtained by Naperville personal injury lawyer, John Malm, for a client who suffered a shoulder injury as a result of a fall down in a parking lot. The lawsuit alleged that a pavement defect, along with poor lighting, contributed to the cause of the fall. The plaintiff required surgery to treat her injuries.
$125,000. Cook County, Illinois. Automobile accident, Truck accident, emotional distress, post-traumatic stress disorder ("PTSD"). Settlement obtained for a client who suffered post-traumatic stress disorder, but no physical injury, as a result of an automobile/truck accident on northbound I-294. The accident occurred when the truck's tire suddenly blew out, and the truck lost control in the northbound lanes. Although there was contact between the truck and the plaintiff's vehicle, the plaintiff suffered no physical injuries. Medical and psychological testimony established that the plaintiff suffered PTSD as a result of the accident, with recurrent symptoms confirmed by the DSM-IV. Service records obtained in discovery revealed that the truck's tires were worn. Chicago Truck Accident attorney, John Malm, presented evidence showing that the tire failure likely occurred due to inadequate inspection and maintenance of the truck's tires. The settlement is believed to be among the highest reported in Cook County for PTSD with no concomitant physical injury.
$125,000. DuPage County, Illinois. Automobile accident, negligence, neck and back injury. Settlement was reached in a rear-end automobile accident case involving head injury and injury to cervical vertebrae that required surgery. The Plaintiff, a man, was driving a work van equipped with carpentry tools. He was struck in the head by a tool inside the van, which became loose from the force of impact when the van was hit from behind at a high rate of speed. The man underwent a cervical laminectomy and extensive physical therapy.
$125,000. Nursing home abuse & neglect.
$125,000. Defective product.
$100,000. Kane County, Illinois. Motor vehicle accident. Settlement was reached by the Illinois personal injury law firm, John J. Malm & Associates, on behalf of a client who was injured in a rear end automobile accident. The Aurora, Illinois man suffered shoulder injuries, including a posterior labral tear, as a result of a rear-end collision. The client underwent a shoulder arthroscopy and Bankhart repair, capsular repair, rotator cuff repair and subacromial decompression. A policy limits settlement was reached before trial.
$100,000. Will County, Illinois. Sports Injury. A settlement totaling $100,000 was reached before trial on behalf a 12-year old Naperville boy who was injured as a result of an incident at a child’s martial arts training facility. The boy, who was a beginner attending a child’s class, claimed that he was kicked and abruptly dropped to the floor by an adult instructor at the facility. The incident occurred on a day that was not supposed to include martial arts sparring. None of the boy’s safety equipment was being worn. The boy alleged he was called to the mat to face his instructor and was suddenly kicked in the leg. The child suffered a broken femur and underwent a closed reduction procedure. A lawsuit filed by Illinois sports injury attorney, John Malm, claimed that the instructor’s actions were totally outside the rules of tae kwon do instruction.
$100,000. DuPage County, Illinois. Slip & Fall. Settlement for $100,000 was reached at mediation for a premises liability claim against grocery store on behalf of a client who fell on a wet floor in a Wheaton, Illinois grocery store. The woman was walking in the frozen food aisle and slipped on a puddle of water that had accumulated from a leaking freezer. Maintenance records obtained through discovery revealed that the freezer had leaked on several previous occasions, and testimony in the case showed that other people had slipped and fallen there. The woman suffered hip and leg injuries, including injury to her saphenous nerve. No surgery was performed. Mediation was conducted before trial.
$100,000. Cook County, Illinois. pedestrian accident, car accident. A policy-limits settlement was reached on behalf of an elderly woman who suffered serious injuries, including shoulder injuries, when she was struck by a car while crossing a Chicago street. The woman was crossing at a pedestrian crosswalk. Despite the appearance of safety, most Chicago area accidents involving pedestrians occur inside crosswalks, according to a recent traffic study.
$100,000. Cook County, Illinois. Pedestrian accident, car accident. A policy-limits settlement was reached on behalf of an man who suffered numerous severe injuries and broken bones, including a fracture to his leg, when he was struck by a car while crossing a Cook County street. The man's injuries were compounded when he was dragged by the striking car from the pedestrian crosswalk. A recent study confirms that nearly all (approximately 80%) pedestrian accidents in the Chicago area occur inside a painted crosswalk.
$100,000. DuPage County, Illinois. Wrongful death, bicycle accident, pedestrian accident, car accident. A policy-limits settlement was reached on behalf of the family of a young man who suffered fatal injuries when he was tragically struck by a car while riding his bicycle in DuPage County. The young man was crossing at a pedestrian crosswalk. Bicyclists are entitled to the right-of-way in the same manner as pedestrians under 625 ILCS 5/11-1512. Despite warnings, traffic accident reports from the Chicago area collected over the past five years reveal that nearly 8 out of 10 car accidents that cause injuries to a pedestrian occur inside a painted crosswalk, according to a recent study.
Confidential. Will County, Illinois. Motor vehicle accident. Settlement was reached by Naperville attorney John Malm on behalf of a driver injured in an automobile accident. The Bolingbrook, Illinois woman suffered neck and back injuries in a rear-end collision with heavy impact. No lawsuit was filed.
$100,000. DuPage County, Illinois. Strict Products Liability. A settlement was reached on behalf of a woman who suffered hand laceration injuries, resulting in nerve and tendon damage and residual scarring, when a rectangular-shaped, clear glass vase suddenly fractured. The woman suffered injuries to her hand, necessitating surgery to repair a severed tendon. A review of the glass vase by an expert revealed that it was a defective product; the expert testified that the glass used in the vase was thinner than an ordinary light bulb and was dangerously susceptible to failure. The 12" Chinese-made vase, which had been purchased at Michael's Stores, Inc., was recalled. The lawsuit against distributor, Grande Impressions, and retailer, Michael's Stores, Inc., was filed by Illinois product liability lawyer, John J. Malm of Naperville. The suit alleged a breach of warranty after the product, when used as intended, suddenly failed in the woman's hands. The settlement was reached before a jury trial.
$100,000. DuPage County, Illinois. Automobile accident, uninsured motorist. A policy-limits uninsured motorist settlement was reached on behalf of a 15-year-old boy who suffered severe head injuries when he, along with a friend, attempted to skateboard behind a moving automobile. The driver of the vehicle, 19 years old, testified that he and others inside the car knew the boys were holding onto the car when he started the car’s engine and drove away. Some witnesses estimated that the vehicle had reached a speed in excess of 40 mph when the boy could no longer hold onto the car. The boy fell to the pavement, striking his head.
Confidential. Kane County, Illinois. Strict Products Liability, negligence, breach of warranty. A settlement was reached on behalf of a paralyzed woman who suffered serious injuries when her handicapped-equipped van's automatic wheelchair lift suddenly failed, allowing her wheelchair to fall from the lift onto the ground below. The woman suffered a broken leg, along with other injuries. The lawsuit filed by attorney, John J. Malm, alleged that the lift had a design defect that allowed the lift to be operated without its safety gate in place.
$100,000. Kendall County, Illinois. Automobile accident. Settlement was reached on behalf of a young man who was injured in an angled head-on (across the center line) automobile accident. The client had suffered punctured lung and other injuries as a result of blunt chest trauma.
$100,000. Kane County, Illinois. Truck accident, uninsured motorist, hit and run. (No lawsuit filed). Settlement was reached in an uninsured motorist claim (UM) on behalf of a man who was suffered shoulder injuries when a semi-tractor trailer struck his vehicle and fled the scene. A lawsuit was initially filed against a trucking company; however, the lawsuit was later dismissed because no evidence could be obtained by law enforcement to confirm identification of the truck or its driver. An uninsured motorist claim was brought against the client’s automobile insurance carrier seeking UM coverage; a settlement for $100,000 was obtained before arbitration.
$100,000. Kane County, Illinois. Pedestrian Accident. Settlement totaling $100,000 was reached in an underinsured motorist claim on behalf of a client who was struck by an automobile as he crossed a city street in Aurora, Illinois. The young man was walking within the cross walk and had nearly reached the other side of the street when he was struck by a car traveling at a high rate of speed, according to witness testimony. The man suffered a comminuted fracture of the tibia and fibula, which required surgery. He underwent a right leg 4 compartment fasciotomy with open reduction and internal fixation (ORIF) of the right tibia. The man has suffered permanent muscle and nerve damage to his leg and foot. A previous policy limits settlement was reached with the at-fault motorist’s insurance company for $20,000.