Author Archives: Jay Butchko
Dunkin’ Donuts Franchisee Pays $3M to Settle Claim Related to a Coffee Burn Lawsuit
A Dunkin’ Donuts franchisee is paying a plaintiff $3 million to settle a claim related to a hot coffee burn injury. Such lawsuits are common for coffee shops and one of the most famous personal injury lawsuits in American history involved an elderly woman who was burned by McDonald’s coffee. In this case, the… Read More »
Appeals Court Grants State’s Petition to Hold Defendant in Jail Before Trial
In a recent case that went before the 5th Circuit Court of Appeals, the circuit court granted defendant Demontez L. Spruill’s pretrial release under the SAFE-T Act. The SAFE-T Act is the new Illinois rule that did away with cash bail. Today, the court makes a decision based on several factors as to whether… Read More »
Defendant Charged with Aggravated Sexual Abuse of a Minor
In the case of People v. Fenton, the defendant, William Fenton, was charged with three counts for the sexual abuse of a minor. According to the indictment, the state alleged that the defendant touched his stepdaughter’s sexual organs on three occasions and charged him individually for each offense. During the case, the defendant waived… Read More »
Defendant’s Petition for Nunc Pro Tunc is Denied
In People v. Bolton, the defendant pleaded guilty to armed robbery with a firearm and was sentenced to 21 years for armed robbery and 12 years for possession of a weapon. The sentences were to run concurrently meaning he would only have to serve out the longer of the two sentences. The court also… Read More »
Defendant Appeals Post-Conviction Relief Over Sex Crimes Committed Against Step Daughters
Following a 2014 trial, defendant Timothy Davis was convicted on two counts of aggravated criminal sexual abuse against his two stepdaughters and one count of predatory criminal sexual assault of a child. The trial court sentenced him to concurrent 5-year prison sentences on the charges of aggravated criminal sexual abuse and 12 years on… Read More »
Illinois Appellate Court Upholds Restrictions/Clarifies Limits on COVID-19 Lawsuits Filed Against Healthcare Facilities
During the pandemic, Governor Pritzker signed a piece of legislation that made healthcare facilities immune from personal injury lawsuits filed by individuals who contracted the coronavirus. There was only one way around the statute and that involved allegations of willful misconduct. Several lawsuits tested the limits of the immunity package signed into law by… Read More »
Freight Broker Not Liable for $18M Truck Accident Verdict
An Illinois appellate court removed a freight broker as a defendant from a lawsuit involving a traumatic brain injury suffered by a teenager. Initially, the trial court had certified the freight broker as a defendant in the lawsuit that was filed against a truck driver, trucking company, and the freight broker. The appellate court… Read More »
As of August 2023, Plaintiffs Can Recover Punitive Damages in Wrongful Death Lawsuits
In Illinois, a recent change in the wrongful death statute will allow plaintiffs to recover punitive damages in wrongful death lawsuits. While punitive damages were recoverable in other forms of personal injury lawsuits, our state was among a handful that did not allow punitive damages in wrongful death lawsuits. The new rule will allow… Read More »
Illinois Man Files Lawsuit Against Apollo Theater After Roof Collapse
An Illinois man has filed a lawsuit against Apollo Theater after he was injured in a roof collapse during a tornado. The plaintiff alleges that the defendants took no precautions to safeguard a metal concert that was set to occur the day of the tornado despite the fact that there were several tornado warnings… Read More »
Defendant Wins Appeal to Vacate Detention Order Under SAFE-T Act
An Illinois defendant was charged with felony murder and armed robbery as an accomplice. The trial court was asked to determine whether or not the defendant should be freed while awaiting trial under the SAFE-T Act. The SAFE-T Act officially does away with cash bail and went into effect on September 18th, 2023. Illinois… Read More »