Chicago Injury Lawyers Blog

Larry Yellen, Investigative Reporter for Fox News Chicago, interviewed Tim Cavanagh regarding Canadian National Railway's history of crossing collisions in the Chicago area. Cavanagh, a leader in railroad litigation in Illinois and around the country, has secured a $9.1 million settlement against the CN/IC and a $55 million verdict against the CN/IC in the last decade. The story and interview can be found at:

http://www.myfoxchicago.com/dpp/news/metro/20100428-canadian-national-history

Chicago railroad lawyer, Tim Cavanagh, founding partner of Cavanagh Law Group, will appear on Fox News Chicago on Wednesday, April 28, 2010 at 9 p.m. Cavanagh will appear in a story by Fox Investigative Reporter Larry Yellen. Yellen is reporting on human error of CN/IC employees and systemic failures of CN/IC that resulted in Cavanagh's $9.1 million settlement in Ajmeri v. CN/IC and Cavanagh's $55 million verdict against CN/IC in Velarde v. CN/IC. The errors mirror the conduct that caused the Katie Lunn tragedy on April 16, 2010. Cavanagh discusses the fail safe procedures like "stop and flag," Positive Train Control and Collision Avoidance Systems that could have prevented Katie Lunn's death.

Mr. Cavanagh is a nationally recognized attorney in railroad litigation. He has been named one of the Top 500 personal injury lawyers in the country by Lawdragon.

A video on the Amtrak train has confirmed witness statements that the gates and lights at the University Park crossing where Katie Lunn was killed on April 16, 2010 were not working. The Canadian National Railroad Company owned and maintained the tracks, gates and lights. The CN/IC had workers at the crossing hours before Katie was killed. The railroad has confirmed that workers deactivated the warning signals. At the time Katie drove over the crossing at 9:42 p.m., no signals were working that could warn her that an Amtrak train was approaching at 79 miles per hour.

This revelation raises troubling questions about safety at the CN/IC. Human error at the CN/IC led to a $9.1 million settlement in Ajmeri v. CN/IC and a $55 million verdict against the railroad in Velarde v. CN/IC. The attorney for the Ajmeri and Velarde families, Tim Cavanagh of Cavanagh Law Group is a leader in railroad liability litigation in Illinois and across the country.

The deadly train/car crash involving Katie Lunn at a Canadian National Railroad crossing in University Park, Illinois on April 16, 2010 raises serious questions about the safety systems in place at the international railroad company. At 9:42 p.m., Katie's vehicle was struck by a Amtrak train on Stuenkel Road near Governors Highway. The crossing is controlled by gates and lights. Witnesses to the crash have told police that the gates and lights were not working at the time of the crash. Canadian National has confirmed that its workers were working at the crossing earlier that day. The railroad has not verified the witnesses version of whether the gates and lights were working.

This incident is not the first involving malfunctioning gates and lights at Canadian National crossings. In 2001, Tim Cavanagh represented the Velarde family in the landmark case entitled Velarde v. Canadian National Railroad Company in the Circuit Court of Cook County. Mr. Cavanagh was the lead attorney that obtained a $55 million verdict for the victims of the crash. Evidence obtained by Cavanagh revealed that the railroad had known of malfunctioning gates and lights at the Army Trail Road crossing for weeks. The railroad instituted a "stop and flag" procedure at the crossing. However, a dispatcher wrongly told the engineer operating the train that the gates and lights had been fixed. Instead of the train stopping at the crossing and flagging cars to stop, the train barrelled thru at 50 miles per hour striking the Velarde vehicle.

Mr. Cavanagh also obtained a $9.1 million settlement in Ajmeri v. Chicago Central and Pacific Railroad Company only three months before the Velarde incident. On the day of the crash, an unusually harsh snow storm caused crossing lights at the Schmale Road crossing to be obscured. The crossing was owned and operated by the Canadian National. Hanifa Ajmeri was a passenger in a vehicle driven by her friend when their car was struck at the crossing by a CC&P train. Police found a crossing gate on the ground that had clearly been knocked down by a car. Railroad representatives initially claimed that the Ajmeri vehicle knocked down the crossing gate. In documents unearthed by Cavanagh in discovery (following Cavanagh's insistence on an emergency protective order of all evidence), it was revealed that the Canadian National dispatch center received a call notifying it that a crossing gate was knocked down at the Schmale Road crossing. The call was made 45 minutes before the crash. An audio tape of the call revealed that the dispatcher received the call and was required by Federal Rules to institue a "stop and flag" procedure. A "stop and flag" procedure, when implemented properly is a fail safe procedure that will avoid high speed train car crashes even at crossings with malfunctioning gates and lights. However, communication is critical. The information has to be conveyed to all approaching train crews. In the Ajmeri case, deposition testimony revealed that the dispatcher forgot to radio the trains crew. Instead of the train stopping at the crossing, the train barrelled thru at a high speed causing head and hip injuries to Mrs. Ajmeri.

The Ajmeri case was advanced to trial at the behest of Cavanagh. When opening statements were set to begin, the railroad finally succumbed and settled the case for a state record amount of $9.1 million. That record would be broken one year later when Cavanagh won the Velarde case.

Four women were killed in a one car crash in Chicago's Englewood neighborhood in the early morning hours of Saturday, March 6, 2010. At 2 a.m. a Pontiac sedan was headed westbound on Garfield Avenue at a high rate of speed when it left the roadway and struck a tree. Chicago police and fire paramedics responded to the scene. The car was nearly unrecognizable due to the damage from the high speed impact with the tree. Chicago police are investigating.

Cavanagh Law Group has long been regarded as one of the preeminent firms in the state for personal injury, automobile liability and wrongful death. Timothy J. Cavanagh has been named one of the top 500 plaintiffs' lawyers in the United States by LawDragon Magazine, and today the partners of Cavanagh Law Group boast an astonishing record of success. With over $350 million in settlements, judgments and awards for our clients, the Cavanagh Law Group has earned the highest Martindale-Hubbell rating available. Some of our recent successes include:
$27 million, railroad crossing case
$14 million, medical malpractice
$13.7 million, wrongful death
$9.1 million, railroad crossing case
$7.5 million, medical malpractice
$5.7 million, motor vehicle liability
$4.5 million, motor vehicle liability
$4.5 million, product liability
$3 million, premise liability

Today we represent nothing less than a singular voice for personal injury victims' rights in Illinois.

In the early morning hours of Friday, March 5, 2010, a bus operated by Tierra Santa Tours, Inc. rammed another vehicle, crossed the center line and rolled over killing six and injuring sixteen in Arizona. The bus was transporting passengers on its trip from Mexico to Los Angeles. The crash occured on interstate 10 in Pinal County, south of Phoenix. Federal investigators have determined that the California bus company was operating the bus illegally because it didn't have the authority to operate over state lines.

The attorneys at Cavanagh Law Group have decades of experience handling transportation negligence cases in Illinois and around the country. Tim Cavanagh and Matt Rundio, partners at the firm, have teamed up to win numerous record setting verdicts. In Velarde v. Canadian National, the lawyers were the lead attorneys in winning a $55 million dollar verdict in a train/car crash. The verdict was recognized by the National Law Journal as one of the top 100 verdicts in the nation in 2002. In 2009, the lawyers obtained a $13.7 million wrongful death verdict in Czapski v. Maher. Cavanagh has also obtained several record setting settlements including $9.1 million in Ajmeri v. Illinois Central , $4.1 million in Barnes v. Berry Electric Company and $4.5 million in Taylor v. Daimler.

Prominent Chicago injury law firm, Cavanagh Law Group is investigating potential product liability cases arising out of the Toyota recall. For weeks, the media has reported on disturbing evidence that Toyota withheld evidence of the number of complaints from sudden acceleration incidents. The company originally claimed that it started receiving complaints in 2007 but new evidence has revealed that complaints started as early as 2004. While Toyota issued a recall of certain vehicles in 2007, it originally blamed floor mats for sudden accleration problems. Last week, an internal Toyota memo from July, 2009 came to light. The memo revealed that Toyota saved $100 million by getting the government to allow it to replace floor mats in 55,000 vehicles as a solution to its sudden acceleration problem. While Congress investigates, there is a reported criminal investigation pending.

The attorneys at Cavanagh Law Group have handled significant product liability cases throughout their careers. Tim Cavanagh has obtained numerous multi-million dollar settlements in product liability cases including a $4.5 million settlement in Taylor v. Chrysler and a $3 million settlement in Munoz v. Mack Trucks. The firm is currently prosecuting a number of significant product liability cases involving wrongful death and catastrophic injuries.

On April 4, 2009, Lois Poole was stopped in traffic on Harlem Avenue at Lexington Avenue in Oak Park, Illinois. Ryan Haggerty, while driving a vehicle owned by his family's auto dealership, Jerry Haggerty Chevrolet, Inc., failed to stop his vehicle in time and slammed into the rear of Poole's car. On February 18, 2009, Cavanagh Law Group filed a lawsuit in the Circuit Court of Cook County. The case is titled Lois Poole v. Ryan W. Haggerty, et al., No 10 L 2141. The lawsuit alleges that the defendant failed to keep a lookout and was using a cell phone at the time of the crash. This marks the fifteenth lawsuit filed by Cavanagh Law Group because a driver was using a cell phone while driving. Lois now suffers from a disc injury in her lumbar spine which will likely require surgery to repair.

On the evening of December 30, 2009, Qusai Issa was driving his 2003 Ford Expedition in Berwyn, Illinois. The inside of his vehicle suddenly became engulfed in flames. A local newspaper reported that a man driving behind the Ford Expedition saw the fire erupt and saved Qusai from certain death. Qusai was transported to Loyola University Medical Center with third degree burns over 50% of his body. Qusai remains in the Intensive Care Unit of Loyola to this day.

Unbeknownst to Qusai, Ford Motor Company had been aware of a dangerous defect in its vehicles for many years. It had received hundreds of complaints for "cruse control switch" fires in the years preceding Qusai's injuries. The National Highway Traffic Safety Administration has opened an investigation and Ford has responded by recalling hundreds of thousands of its vehicles.

On February 16, 2010, Tim Cavanagh of Cavanagh Law Group filed a lawsuit against Ford Motor Company in the Circuit Court of Cook County. The case is Qusai Issa v. Ford Motor Company, et al., Case No. 2010 L 2042. On February 17, 2010, Mr. Cavanagh will present an Emergency Motion for a Protective Order before Judge Savage at 9:15 a.m. in Room 2201 of the Richard J. Daley Center to ensure that the vehicle is preserved and available for safety experts to view and determine the cause of the fire.

On February 9, 2010, a vehicle crossing the railroad tracks at River Road and Northwest Highway in Des Plaines, Illinois was struck by a Metra train. The collision between the Crystal Lake bound No. 657 train was at 8:10 p.m. during the most significant snowfall of the year. Both the 71 year old driver and the 68 year old passenger were taken to Lutheran General Hospital. The driver was listed in fair condition but the pasenger was pronounced dead. The Des Plaines police are investigating.

Cavanagh Law Group is a leader in transportation litigation in Illinois and throughout the country. The firm's founder, Timothy J. Cavanagh, has obtained numerous multi-million dollar settlements and verdicts in railroad crash cases and other transportation cases. Mr. Cavanagh obtained a $55 million verdict in the Velarde v. Canadian National Railroad case that was upheld on appeal. He secured a $9.1 million settlement in the Ajmeri v. Illinois Central Railroad Company case in 2000. In April, 2009, he obtained a $13.7 million verdict in the Czapski v. Maher wrongful death case.

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.