Chicago Injury Lawyers Blog

On October 9, 2009, John Bruce, an employee of United Airlines (UAL), was working for UAL on a military base in Kuwait when an employee of CAV International, a South Carolina corporation hired by the United States to operate military airports, mistakenly moved a "belt loader" and catipulted John off the loader and onto the pavement of the tarmac 20-30 feet below. John suffered a devastating head injury that resulted in his death the following week. On February 2, 2010, Cavanagh Law Group was retained by the family of John Bruce. The next morning, Tim Cavanagh filed a Rule 224 Petition for Discovery in the Circuit Court of Cook County naming United Airlines and CAV International as respondents. The petition seeks all evidence in possession of UAL and CAV including videotapes, witness statements and documents relating to the CAV employee who caused John's fall. On February 5, 2010, Cavanagh appeared before the Honorable Diane Larsen, a judge in the Circuit Court of Cook County, seeking an order that all evidence be preserved and made available to Bruce's attorneys. Over objection of the respondent's attorneys, Judge Larsen granted Bruce's Emergency Motion for a Protective Order.

The case is entitled Patty Bruce, Personal Representative of the Estate of John Bruce v. United Airlines and CAV International, No. 2010 L 1552. The matter is set for a status hearing on March 5, 2010.

On February 8, 2010, Cavanagh Law Group filed a Wrongful Death lawsuit against Putiporn Kaewmookda arising out of the death of 13 month old Joshua Molina. On February 1, 2010, Joshua was in his car seat in his father's Honda Civic which was at Parker and Cicero Avenues. Kaewmookda was driving his car southbound on Cicero Avenue without his headlights on and in the northbound lanes of traffic. Kaewmookda had just fled the scene of an earlier crash at Belmont and Cicero Avenues when his car collided at a high rate of speed with the Molina vehicle. Baby Joshua's car seat was pushed thru the rear windshield. His father, Joshua pulled him out of the vehicle where Chicago Fire Deapartment Paramedics took control and rushed him to Children's Memorial Hospital where he was pronounced dead. His parents, Joshua and Amy Alanis also lost their two close friends, Orlando Rodriguez and Aldo Maldonado, in the collision. They were seated next to baby Joshua in the rear seats of the Honda Civic.

The lawsuit is entitled Amy Alanis and Joshua Molina, Co-Special Administrators of the Estate of Joshua Molina, Jr. v. Putiporn Kaewmooka, Case No. 2010 L 1705. The case is pending before Judge Diane Larsen in the Circuit Court of Cook County.

On Tuesday, February 9, 2010 at 9:15 a.m., Tim Cavanagh will appear in Judge Larsen's courtroom to present an Emergency Motion for Protective Order. Cavanagh wants to ensure that videos of the crash (taken by surveillance cameras at a Toyota dealership) that were given to the police, the vehicles involved in the crash and other relevant evidence are protected and available to the family in their civil suit.

On February 8, 2010, Cavanagh Law Group filed a Wrongful Death lawsuit against Chicago police officer Joseph Frugoli and Dugan's on Halsted, the bar that served him alcohol. The case arises out of a horrific car crash on the Dan Ryan Expressway on April 10, 2009 that resulted in the deaths of Andrew Cazares, 23, and Fausto Manzera, 21. On that day, Cazares pulled his vehicle over on the side of I-94 near 18th Street because of a flat tire. Frugoli, a Chicago Police Detective, with a blood alcohol level of 0.277 (over 3 times the legal limit) drove his vehicle into the Cazares vehicle, killing the two young men. Frugoli has been charged with reckless homicide and aggravated DUI by the Cook County State's Attorneys Office. The criminal case, which has generated significant media attention, is currently pending at the Criminal Courts Building at 26th Street and California.

Cavanagh Law Group represents Andrew Cazares father, Jose Cazares and half-sister, Jilma Shakira Cazares in the civil suit, which is pending at the Richard J. Daley Center. The case is entitled Jose Andres Cazares, Special Administrator of the Estate of Andrew Cazares v. Joseph Fruglio, et al., Court No. 2010 L 1703. The case is being heard by the Honorable James Egan in the Circuit Court of Cook County.

On Tuesday, February 9, 2010 at 9:30 a.m., Tim Cavanagh and Matt Rundio, partners at Cavanagh Law Group, will appear before Judge James Egan on an Emergency Motion for a Protective Order to make sure all evidence is preserved and Cazares attorneys have immediate access to the evidence.

On February 8, 2010, Tim Cavanagh will file a personal injury and wrongful death lawsuit on behalf of Amy Alanis and Joshua Molina. On February 1, 2010, Mr. Molina was driving his car westbound on Parker Street (on the northwest side of Chicago) with four passengers in the car, including his girlfriend Amy Alanis and their toddler son, Joshua.

Unbeknownst to them, Putiporn Kaewmooka, had been involved in a collision with another car moments earlier at the intersection of Belmont and Cicero. Kaewmooka fled that scene and was travelling well in excess of the speed limit without headlights on when he crashed into Molina's vehicle at Parker and Cicero Avenues.

Living every parent's worst nightmare, their 13 month old son, who had been strapped in a carseat, was ejected from the vehicle and rushed to Children's Memorial Hospital where he was pronounced dead.

Molina's two friends, Orlando Rodriguez and Also Maldonado, were also killed in the crash. Kaewmooka has been charged in both crashes.

Local newspapers and television stations have reported that at least one video of the crash (from a local auto dealership's camera) has been viewed by the police.

Once the lawsuit is filed on February 8th, Mr. Cavanagh will file an Emergency Motion for a Protective Order so that he will have immediate access to all evidence including the video of the crash.

"This was a real tragedy," Cavanagh stated. "Amy and Joshua's Christmas baby has been taken from them by a man recklessly fleeing the scene of a minor car crash. I have told the family that I will get them answers as to why the defendant was so intent on leaving the scene of a crash that he endangered others by speeding through an intersection at night without his headlights on."

Timothy J. Cavanagh, Amy Alanis and Joshua Molina will be made available to speak to the press at 1 p.m. on Monday, February 8, 2010.

Mr. Cavanagh has successfully prosecuted numerous cases arising from transportation related incidents. In 2000, Cavanagh won a $9.1 million settlement for a woman injured in a train/car crash. In 2002, Mr. Cavanagh obtained a verdict of $21.3 million for two passengers of a SUV injured in a collision with a freight train. In 2003, Mr. Cavanagh obtained a $4.5 million settlement for the passenger of a van killed in a collision with a semi tractor-trailer. In 2009, Mr. Cavanagh obtained a $13.7 million verdict for the parents of a 21 year old boy killed in a two vehicle car crash.

The press conference will take place at 200 W. Madison St., Suite 2050, Chicago on Monday, February 8, 2010 at 1:00 p.m. Mr. Cavanagh can be reached on his cell phone at 312.315.2554 or by email at tjc@CavanaghLawGroup.com.

On January 1, 2010, an Illinois law went into effect that bans texting while driving. The law recognizes the extreme hazard associated with using handheld devices while driving a vehicle. Illinois became the 19th state to ban texting while driving.

The attorneys at Cavanagh Law Group have prosecuted numerous cases where car crashes were caused by the driver using a cell phone, handheld device or Blackberry. In the Barnes v. Svec case, Dorothy Barnes was seriously injured when her car was struck by a truck. Dorothy sustained devastating orthopaedic injuries and a cervicial fracture that nearly rendered her paralyzed. One of the witnesses to the crash claimed that Dorothy had run the red light while other witnesses claimed the truck ran the red light. The truck driver and his employer denied liability. While the lawsuit was pending, it was discovered by Tim Cavanagh that the driver was using a Blackberry handheld device at the time of the crash. This significant fact had escaped the attention of the investigating police officers. On the eve of trial, Tim Cavanagh and his client demanded that the driver and his employer admit that the truck driver caused the collision. It was made clear that only an admission of liability by the defendants and a significant monetary settlement could stop the case from proceeding to trial. On the morning of trial, the defendant made a formal admission of negligence and the case settled for $4.1 million.

Tim Cavanagh, founder and partner of Cavanagh Law Group, has been recognized by "Leading Lawyers Network Magazine--Consumer Edition" as one of the top 100 consumer lawyers in Illinois. The magazine, published by Leading Lawyers Network, a division of Law Bulletin Publishing Company, named Cavanagh a "Leading Lawyer" for the 8th consecutive year. The honor was based on surveys conducted by Leading Lawyers Network.

The announcement by Leading Lawyers Network comes on the heels of Tim Cavanagh being named to the "Lawdragon 500" as one of the top 500 plaintiffs lawyers in the United States by Lawdragon Magazine. The magazine can be found at www.LawDragon.com.

Cavanagh Law Group is proud to announce that Tim Cavanagh has been named an Illinois Super Lawyer for 2010. Mr. Cavanagh has been recognized as a Super Lawyer every year since its inception in 2005. Matt Rundio, a partner at Cavanagh Law Group, was recognized as a "Rising Star" for the third consecutive year. Jeff Escher, an associate, was named a "Rising Star" for the first time.

Attorneys who were recognized on the Super Lawyers List were nominated by their peers. The Illinois Super Lawyers List was sponsored by Law & Politics, a legal trade journal. Lawyers in Illinois were sent ballots and asked to vote for the best lawyers they had personally observed in action. Each lawyer was given a score based on the number and types of votes received.

Tim Cavanagh, founder and partner of Cavanagh Law Group, was profiled in the December, 2009 Leading Lawyers Network--Consumer Edition. The magazine is published by Law Bulletin Publishing Company. The article titled "Driven to Bring Negligence to Light" features some of Cavanagh's significant courtroom victories including his $9.1 million settlement in the Ajmeri v. Canadian National Railroad case, his $13.7 million verdict in Czapski v. Maher in 2009, and a $14 million medical malpractice settlement. To view the article, click on the article titled "CavanaghWebReprint.pdf." CavanaghWebReprint.pdf

Cavanagh Law Group is proud to announce that Stacey Feeley Cavanagh has joined the firm as a partner on December 1, 2009. Stacey will concentrate her practice in personal injury, medical malpractice and wrongful death cases.

Prior to joining the firm, Stacey was a partner at Ungaretti & Harris ("U&H") where she worked from 1998 to 2009. At U&H, Stacey specialized in defending corporations in cases involving product liability, mass tort litigation and commercial litigation.

Stacey earned a B.A. in English from Boston College in 1992. She graduated from IIT Chicago-Kent College of Law in 1995 where she received the American Jurisprudence Awards for both Conflicts of Law and Advanced Legal Research. Stacey is a member of the Chicago Bar Association, Illinois State Bar Association, Women's Bar Association of Illinois and Illinois Trial Lawyers Association.

Cavanagh Law Group attorneys have prosecuted numerous cases against railroad conglomerate Canadian National / Illinois Central Railway Company (CNIC). Cavanagh Law Group attorney Timothy J. Cavanagh earned a $9.1 million settlement for a client who was injured in a railroad grade crossing collision in Bloomingdale, Illinois. In that case, a Canadian National / Illinois Central Railway train sped through a grade crossing and collided with the Plaintiff's car when the gate at the crossing had previously been knocked down.

In another case, Cavanagh Law Group attorneys Timothy J. Cavanagh and Matthew M. Rundio represented Plaintiffs in a case where the jury awarded $55 million in damages. The Plaintiffs suffered traumatic brain injuries and other injuries when a Canadian National / Illinois Central Railway Company train hit the vehicle in which they were passengers at a railroad crossing in Bloomingdale, Illinois.

Cavanagh Law Group is also representing several victims of the Amtrak derailment that occurred on the south side of Chicago in November 2007. The Amtrak train derailed when it was traveling too fast and rear-ended a slower moving freight train in a speed-restricted area.

On May 29, 2009, attorneys from the Cavanagh Law Group representing the Estate of Dijion Sanders, a 6 year-old boy who was crushed by a garage door on May 9, 2009 on Chicago's south side, inspected the garage door and electric garage door opener involved in the incident.  Sears Roebuck & Co./The Chamberlain Group manufactured and sold the electric garage door opener.  Cavanagh Law Group had consulting experts present for the inspection.  The garage door involved in Dijion Sanders' death was not equipped with InfraRed or motion sensors that would have stopped the door from closing if a person or object was in the door's path.  Since the early 1990's the Consumer Products Safety Commission has recommended that garage doors be equipped with InfraRed or motion sensors to prevent automatic garage door opener entrapment incidents which are known and foreseeable dangers of electric garage doors.  

The Consumer Products Safety Commission has also recommended that electric garage door openers have automatic reversal mechanisms that reverse the garage door from closing when it presses on an object in its path such as a person, child's ball, or bike.  Additional inspections and testing of the Sears/Chamberlain Group electric garage door opener will take place to determine if it had an automatic reversal mechanism and, if one was present, if it malfunctioned by not reversing the garage door after Dijion Sanders was trapped.    

If electric garage door openers are manufactured and installed correctly and maintained properly, garage door entrapment injuries and deaths should not happen. 

On May 5, 2009, Timothy J. Cavanagh and Matthew M. Rundio of Cavanagh Law Group obtained a settlement of $3 million on behalf of their client, Carmen Shafer, for injuries she sustained after receiving an electric shock from the microwave oven in her kitchen.

On November 5, 2002, Plaintiff Carmen Shafer, age 30, received an electric shock when she brushed her right hand across the surface of the microwave in her kitchen at 1123 W. Washington St., Oak Park, Illinois. A post-incident inspection by the Village of Oak Park Electrical Inspector and a private electrician revealed that the electrical outlet to which the microwave was plugged in violated the village electric code because the hot and neutral poles were reversed, the outlet was not connected properly, and the outlet was not grounded. Experts agreed that the faulty outlet was the cause of the surface of the microwave oven becoming energized with electricity which caused Shafer's shock.

Defendants disputed that the incident happened and that it happened as Carmen Shafer described. Defendants contended that, if anything, Carmen Shafer received a static shock, not an electrical shock. Defendants also claimed the Construction Statute of Repose barred Plaintiffs' claims because the outlet was allegedly installed more than 10 years before the incident. The apartment building where the incident took place was owned by Defendant Society of the Divine Word and managed by Defendant Wolin-Levin, Inc.

As a result of the shock, Shafer suffers from Chronic Regional Pain Syndrome ("CRPS") in all 4 of her extremities. She has 2 spinal cord stimulators installed in her spine to control the pain. Shafer has received medical treatment from numerous specialists and pain care practitioners. Plaintiff Jason Shafer claimed damages for the loss of consortium of his wife. The Shafers were married just months before the incident.

Defendants disputed that Shafer suffered any injury and that she had chronic pain. Defendants also contended that Shafer was malingering and fabricating her pain condition.

The case, Shafer v. Wolin-Levin, Inc. and Society of the Divine Word, Cook County Case No. 03 L 6779, had been pending before Circuit Court of Cook County Judge Marcia Maras since January 2008 for intensive case management, including approximately 26 substantive motions that were briefed, argued, and ruled on. The case was set for trial on May 5, 2009.

On May 13, 2009, Timothy J. Cavanagh and Matthew M. Rundio of Cavanagh Law Group filed a wrongful death lawsuit on behalf of the family of Dijion Sanders, age 6. Dijion was killed on May 9, 2009, when the garage door at 9228 S. Saginaw Avenue, Chicago, Illinois closed on his body.

The lawsuit was filed in the Circuit Court of Cook County. The lawsuit named Sears Roebuck & Company, the manufacturer of the garage door opener, Mid America Door Company, the company that installed the garage door and Darrell Washington, the owner of the property as defendants. The complaint alleges that the garage door opener should have been equipped with an electronic sensor to stop a garage door from crushing a child.

Tomorrow morning, Cavanagh Law Group will present an Emergency Motion to Preserve Evidence requesting that the garage door, garage door opener and all pertinent evidence be preserved. The purpose of the Motion is to ensure that the court retains jurisdiction over all pertinent evidence so that it is preserved for the civil trial.

Tim Cavanagh stated:

Dijion was a happy young boy surrounded by a loving family. This tragedy could have been avoided had the garage door opener come equipped with a sensor to stop the garage door from crushing the body of an innocent 6 year old boy.

Dijon is survived by his parents, Angela C. Washington-Sanders and Marshall D. Sanders, and six siblings.  Services are pending.

The case is entitled Angela C. Washington-Sanders and Marshall D. Sanders, Co-Special Administrators of the Estate of Dijion Sanders, Deceased v. Darrell Washington, Mid-America Door Company and Sears Roebuck & Company 09 L 5674.