Author Archives: Jay Butchko
Can a Farmer Be Sued for Dust Blowing Off Their Property?
On Monday, May 1, more than 70 vehicles crashed along a 6-mile stretch of Interstate 55. The incident was so spectacular that it made national headlines. Dust from nearby farms blew onto the roadway causing severe visibility issues for drivers. This resulted in crashes that caused injury to drivers. Can the drivers sue the… Read More »
Patient Dies After Catheter Pump is Found to Have Holes in It
In Cleeton v. SIU Healthcare, Inc., the plaintiff sustained an injury when he was 17 years old that rendered him a quadriplegic. As a result of his injury, the plaintiff suffered involuntary muscle spasms for which he received routine treatment. Namely, the plaintiff had a pump installed that delivered the muscle relaxer Baclofen into… Read More »
Parents of 3-Year-Old Killed in Bicycle Accident Sue City, Truck Companies
The parents of a 3-year-old girl who was killed in a bicycle accident have filed a lawsuit against the City of Chicago and two trucking companies. The parents contend that one of the trucks was illegally parked in a bike lane. Her daughter was riding with her when the accident occurred. They were squeezed… Read More »
Tristar Innovative Products, Inc. Sued After 4-Year-Old Burned by Pressure Cooker
The parents of a 4-year-old girl have filed a lawsuit against Tristar Innovative Products, Inc. after their daughter was burned by a defective pressure cooker, according to a recent lawsuit. The lawsuit alleges that the lid of the pressure cooker was removable while the contents of the pressure cooker were under pressure. This resulted… Read More »
Trial Court Erred in Granting Summary Judgment to Defense in MedMal Lawsuit
A 5th Circuit Court of Appeals decided to remand a lawsuit back to the circuit courts after determining that a genuine issue of material fact existed in the plaintiff’s argument. The lawsuit was filed on a theory of medical malpractice. The plaintiff was a high school student participating in basketball practice when she began… Read More »
Defendant Appeals Sentence Issued by Judge Who Had Heroin Addiction
In 2011, an Illinois jury found a defendant guilty of armed violence, aggravated battery with a firearm, and attempted robbery. The trial took place before the Honorable Judge Michael Cook. Cook sentenced the defendant to 29 years in prison for his crimes. However, Judge Cook was brought up on charges himself of possession of… Read More »
Judge Places Restraining Order on HB 5471 Involving Traveling with Weapons
HB 5471 is an interesting case. The new law would effectively ban assault weapons in Illinois. Several watchdogs and gun rights groups filed a lawsuit protesting the new law, which was pushed through quickly and signed into law without due consideration, according to the plaintiffs in this case. The plaintiffs filed suit calling the… Read More »
Analyzing the Grounds for Jussie Smollett Appeal
As you may recall, Jussie Smollet faked a hate crime attack against himself and was charged with several crimes including disorderly conduct. Smollet was charged with filing a false police report which is a class-4 felony in the State of Illinois. Smollet was charged with 16 counts, but prosecutors said they would not pursue… Read More »
Right to Remain Silent Results in Mistrial on Eluding Police Charge
A recent lawsuit against an Illinois resident resulted in a mistrial on appeal. At issue was whether or not the trial court erred in failing to grant a mistrial during opening statements. In this article, we’ll discuss how the trial court erred and why a mistrial was granted to the defendant. Background The defendant… Read More »
Defendant Wins Appeal on Grounds of Failure to Properly ID
An appeals court granted a petition to appeal a case on the grounds that a police officer failed to properly identify a suspect who fired his weapon at a vehicle. The defendant was charged with being an armed habitual criminal in possession of a firearm after he was followed into a nearby home. The… Read More »