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Etzler Lawhead Legal Group, PC

Hospital Slip-and-Fall Case Highlights Limits of Missing Surveillance Footage in Injury Claims

By Personal Injury No Comments

After tripping and falling on a large mat in a hospital lobby, Caryl Rosen filed a lawsuit claiming the mat’s condition caused her injuries. The hospital preserved video from one camera that showed the fall and shared it with her attorney. However, two other cameras in the area were not saved, and Rosen argued that earlier footage or different angles…

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Indiana schools join federal litigation against social media developers, claiming they cause youth addictions

By Personal Injury No Comments

More than 100 Indiana school districts are suing social media developers Meta, TikTok, Snapchat and Google for designing products that allegedly lead to addictive and harmful behavior by adolescents. The lawsuits are a part of a multidistrict litigation effort that includes more than 2,000 school districts nationwide and accuses the companies of developing social media platforms, including Facebook, Instagram and…

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Indiana Supreme Court upholds COVID-19 immunity for hospitals in patient death case

By Personal Injury No Comments

Hospitals and other medical providers cannot be held liable for complications that developed while treating a patient for COVID-19 during the pandemic emergency, the Indiana Supreme Court ruled Wednesday. In an unanimous opinion written by Justice Christopher Goff, the court held that a trial judge properly dismissed claims brought by the estate of Elmer Waggoner and determined that providers who…

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Court revives suit over water worker’s death in flooded vault

By Personal Injury No Comments

An Illinois appellate court on Thursday revived a wrongful death lawsuit filed by the estate of a municipal water worker who drowned after being sent alone into an underground vault, ruling the claims are not barred by workers compensation exclusivity at the pleading stage. In Heiden v. Village of Westmont, the Illinois Appellate Court for the Third District reversed a…

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Jury: Prairie Farms must pay Missouri family $241M over dry ice death

By Personal Injury No Comments

Prairie Farms would need to pay $241 million to the family of a Missouri courier who allegedly died from carbon dioxide exposure while delivering crates of strawberries packed in dry ice, under a Madison County jury verdict. The jury rendered the verdict in Madison County Circuit Court on Feb. 27 in the case brought against Prairie Farms Dairy Inc. and…

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Judge unplugs suit vs makers of SKIL tools over igniting lithium batteries

By Personal Injury No Comments

A federal judge has unplugged a class action regarding lithium-ion batteries used in consumer power tools, which allegedly overheated and caught fire. Anthony Desparrois sued Lowe’s Home Centers and Chervon North America, which makes SKIL-brand tools, over allegedly dangerous lawn tools. Desparrois filed the complaint in St. Clair County Circuit Court before Chervon removed it to federal court. In a…

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What a rise in older workers means for comp

By Workers' Compensation No Comments

As older workers remain in or reenter the labor force, the workers compensation industry is zeroing in on an area where claims tend to be more severe, medically complex and costly. “Our workers compensation data clearly show that the percentage of the workforce that is older is growing,” said Rich Ives, Hartford, Connecticut-based senior vice president of business insurance claim…

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Appeal Dismissed Because Trial Court Order Was Not Final

By Workers' Compensation No Comments

In Barickello v. Illinois Workers’ Compensation Commission, the Illinois Appellate Court did not rule on the merits of the worker’s claim or the employer’s defenses. Instead, it dismissed the employer’s appeal because the court lacked jurisdiction to hear it.  The worker injured his back on the job and later settled his workers’ compensation case. Years after the settlement, he…

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Refusing Light-Duty Work Can End TTD Benefits in Illinois

By Workers' Compensation No Comments

An Illinois appellate court recently confirmed that an injured worker can lose temporary total disability (TTD) benefits if they are medically able to return to work within restrictions and refuse a valid light-duty job. The case involved an insulator who injured his lower back at work and later underwent spinal fusion surgery. After surgery, his doctor cleared him to return…

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