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.

On January 9, 2001, Fidel and Francisca Velarde were passengers of an SUV driven by their daughter, Lilia Apulello. The vehicle was crossing railroad tracks on Army Trail Road in Bloomingdale, Illinois. The owner and maintainer of the tracks, the Illinois Central Railroad Company d/b/a Canadian National/ Illinois Central Railroad Company (CNIC), knew for weeks that snow and road salt had caused the intersection's warning gates and lights to malfunction and was using a stop-and-flag procedure there until the signals were repaired. The train, consisting of three locomotives and 63 cars, proceeded through the intersection at 50 miles per hour. The SUV was struck and pushed 900 feet down the tracks. The Velardes suffered debilitating brain injuries. Television stations and newspaper reports offered conflicting accounts of whether the gates and lights were working properly.

The day after the crash, the family hired prominent Chicago injury lawyer, Tim Cavanagh, who had just obtained a $9.1 million settlement with CNIC in the Ajmeri case only three months earlier. The next morning, Mr. Cavanagh filed a lawsuit against CNIC and the train operator, Chicago Central and Pacific Railroad Company and filed an Emergency Motion for a Protective Order seeking to have all evidence preserved which was granted. Because of the preservation order, Mr. Cavanagh secured audiotapes of communication between dispatch and the engineer proving that the dispatcher mistakenly advised the engineer that the signal problem had been fixed.

Over the next several months, Mr. Cavanagh personally took over 35 depositions and successfully advanced the case to trial. One year later, a Cook County jury returned a verdict of $55 million for the Velardes and their daughter. The case was affirmed on appeal.

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 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 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 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.

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.

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.

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.