Justia Injury Law Opinion Summaries

Couch was employed as a truck driver by B&B, a private company that has Highway Contract Route contracts with the Postal Service. While Couch was making a delivery to a postal facility in Illinois, a U.S. Postal Service employee ran over his foot with a forklift. Two years later, Couch died, allegedly as a result of complications from the injury. After her husband died, plaintiff sued the United States under the Federal Tort Claims Act, which provides a cause of action for personal injuries negligently caused by federal employees acting within the scope of their employment, 28 U.S.C. 1346(b)(1). The district court granted the United States summary judgment, finding that Couch was a “borrowed employee,” so that workers’ compensation would provide Couch’s only remedy against both the borrowing and lending employers. The Seventh Circuit reversed. The private trucking company does not merely “lend employees” to the Postal Service but provides mail transportation and delivery services. The company trains, equips, pays, and supervises its own employees using its own equipment to provide these services. View "Couch v. United States" on Justia Law

In 2005, a Union Pacific train derailed in Oklahoma causing extensive damage to both the railroad and the train’s cargo. Kawasaki, K-Line, and Union Pacific sought damages, alleging that Plano’s steel injection molds were improperly packed, broke through their crate, and fell onto the track. The district court granted Plano summary judgment. The Seventh Circuit affirmed in part. Negligence claims were properly rejected, Plano had no indication that the parties with which it dealt would be unable to properly package and transport its steel molds from China to the United States, nor did Plano have any special knowledge of any unique danger the molds would pose during transit. Plano owed no special duty of care to the carriers. There were, however, unresolved questions of fact material to the determination of one contract claim, based on a bill of lading. It was unclear whether Plano or another arranged the molds’ shipment. View "Kawasaki Kisen Kaisha, Ltd. v. Plano Molding Co." on Justia Law

Plaintiff, 64 years old, was discharged at age 18 or 19, soon after joining the Navy, because of mental illness. Sexually abused by his parents and others as a child, he suffers post-traumatic stress disorder, panic disorder, and bipolar disorder. He may be schizophrenic. He has received intensive psychiatric treatment over the last 23 years from the Veterans Administration. Beginning in 2007 a therapist employed at a VA medical center, assigned to treat plaintiff, began a sexual relationship with him. Plaintiff complained to his psychologist and the VA conducted an investigation that resulted in her admitting the sexual relationship. Plaintiff claims that the relationship caused emotional distress and made his mental illnesses worse. The Federal Tort Claims Act makes the federal government liable for acts or omissions by its employees that would be torts in the state in which they occurred had they been committed by someone other than a federal employee, 28 U.S.C. 2674, with exceptions, including one for claims “arising out of . . . battery.” The plaintiff argued that his suit charges not battery by the therapist but negligence by her supervisors in failing to detect and prevent her actions. The Seventh Circuit affirmed dismissal. View "Glade v. United States" on Justia Law

Miller, a Fund beneficiary, fell from a ladder and was injured. He hired attorney Darr on a contingent fee basis to sue the person who was supposed to hold the ladder. The Fund advanced $86,709.73 in medical and disability benefits on the condition that Miller repay from any recovery, without deducting attorneys’ fees. Miller and Darr, signed a subrogation agreement. The lawsuit settled for $500,000. Calculating his fee based on $413,290.27, Darr submitted $57,806.48 to the Fund, stating that he was withholding $28,903.25 as a fee. To avoid jeopardizing Miller’s benefits Darr later submitted the $28,903.25. The Fund indicated that if Darr pursued his claim, it would consider Darr and Miller in breach of Plan terms and in repudiation of the subrogation agreement and would consider terminating coverage and seeking relief under ERISA. Darr sued the Fund in Illinois state court under the common fund doctrine, which permits a party who creates a fund in which others have an interest to obtain reimbursement for litigation expenses incurred in creating that fund. The district court enjoined Darr’s lawsuit. The Seventh Circuit vacated. A federal court may not enjoin “proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments,” 28 U.S.C. 2283.View "Trs. of the Carptenters' Health & Welfare Trust v. Darr" on Justia Law

Swanson hired ISF for steel fabrication work on an Indiana construction project. ISF hired Central to perform steel erection work. ISF and Central signed a subcontract in which Central agreed to procure insurance and to “defend, indemnify and hold harmless.” Central purchased insurance from Scottsdale: a $1 million commercial general liability policy and a $2 million umbrella insurance policy. ISF also carried $1 million in commercial general liability coverage from Amerisure and $7 million in umbrella coverage from National. Colip, a Central employee, was injured at work when he fell 30 feet through a hole in a building roof. Colip settled with ISF for $2.9 million, and the insurers paid according to an agreement that provided that Scottsdale would pay $1 million out of the CGL policy and $950,000 out of the Umbrella policy, while Amerisure would pay the remaining $950,000. Initially, National had no obligation to contribute. The agreement reserved the rights of the parties to seek reimbursement or contribution from each other. Amerisure sued Scottsdale and Central; Scottsdale filed counter- and cross-claims against Amerisure and National. The district court dismissed Central from the litigation and awarded Scottsdale $50,000 from Amerisure and the remaining $900,000 from National. The Seventh Circuit affirmed. View "Scottsdale Ins. Co. v. Nat'l Sur. Corp." on Justia Law

ProLink and GPS compete, manufacturing and selling GPS-based golf course distance measurement and course management products. GPS owns the 518 patent for a player positioning and distance finding system and sued ProLink for patent infringement. GPS also claimed slander of title and unfair competition, alleging that ProLink falsely represented that it owned an exclusive license under the patent as part of a security agreement with Comerica Bank. This agreement was recorded and allegedly encumbered GPS’s title. ProLink entered into a second agreement, this time representing that it owned outright the 518 security agreement. ProLink was insured under Federal’s commercial general liability insurance policy and requested defense. Federal informed ProLink that it would not defend or indemnify because GPS’s allegations did not satisfy the policy definition of “personal injury;” if they did, the Intellectual Property Laws or Rights Exclusion or Expected or Intended Injury Exclusion would apply. ProLink sought declaratory judgment that Federal breached its duty to defend. The district court found in favor of Federal , holding that the first alleged “personal injury” for which GPS sought damages (2006) occurred outside of the policy period (2007-2008). The Seventh Circuit affirmed. The underlying allegations concern only disparagement of property, which is not covered.

Guzman, seven-and-a-half months pregnant, home alone, in bed, heard the doorbell and knocking. She walked toward the door. Sergeant Bonnstetter of the Chicago Police Department burst through the door. Officers wearing body armor rushed in, many with guns drawn. Guzman, fearful and crying, was ordered to lie face down on the floor. When she tried to position herself more comfortably, Rojas forced her down, pressing her pregnant belly against the floor. The Joint Gang Task Force executed a warrant, searching the apartment for about an hour. Guzman sued. The district court entered summary judgment in her favor, finding Bonnstetter and Rojas liable. At a damages-only trial, Guzman proved medical expenses. The court allowed defendants to testify that the search was legal and reasonable and that others might have caused Guzman’s injuries. The court instructed the jury that Guzman had to prove that Bonnstetter and Rojas were “personally involved” and could not be held “liable” for the conduct of “other employees.” The court instructed the jury to award nominal damages if Guzman failed to prove that her damages were the direct result of defendants’ conduct. Guzman was awarded $1. The Seventh Circuit reversed. Defendants’ theory of the case and evidence and the instruction likely confused the jury.

Aschermann suffers from degenerating discs and spondylolisthesis and had lumbar fusion operations in 2002 and 2004. Until 2003 she worked as a sales representative. Back pain left her unable to perform its duties. Between 2003 and 2009 she received disability payments under the employer’s disability plan, a welfare-benefit plan governed by the Employee Retirement Income Security Act. The policy provides that after the first two years of benefits, the question becomes whether the recipient can perform any job in the economy as a whole. Lumbermens stopped paying disability benefits to Aschermann in fall 2009, concluding that she could do sedentary work. The district court held that the decision to end her disability benefits was not arbitrary. The Seventh Circuit affirmed. Aschermann does not deny that her education B.S. in psychology and master’s degree in social work and experience suit her for many desk-bound positions, but claimed inability to work more than four hours a day. The insurer gave notice complying with ERISA, (29 U.S.C. §1133(1), that it wanted new diagnostic test results and other recent information; she was given a “reasonable opportunity” to supplement the file and receive a “full and fair review.”

Industrial grease, propelled in a jet with enough energy to penetrate and pass through the human body like a bullet, hit and disabled a worker at a steel rolling mill. At trial the jury found that the accident was caused by a design defect in a heavy industrial product designed and manufactured by Xtek and installed in the mill. That equipment contained an internal spring that could exert over 10,000 pounds of force. The jury accepted the theory of plaintiffs’ expert witness, Dr. Hutter, that the spring was the culprit mechanism behind the accident and that an alternative design of a thrust plate in the equipment would have prevented the disabling accident. The Seventh Circuit affirmed. The district court acted within its discretion in denying Daubert motion that sought to bar Dr. Hutter from offering his expert opinions, which were essential to the plaintiffs’ case. The purpose of the Daubert inquiry is to scrutinize proposed expert witness testimony to determine if it has “the same level of intellectual rigor that characterizes the practice of an expert in the relevant field” so as to be deemed reliable enough to present to a jury.

Shideler suffers osteogenesis imperfecta, “brittle bone disease.” In 2006, at age 48, he applied for Social Security Disability Insurance benefits, 42 U.S.C. 423(d), alleging an onset date of 1995. His date last insured was 2000. The ALJ found that despite Shideler’s limitations, there were a sufficient number of jobs in the regional economy available to a person with his restrictions, and denied his application. The Appeals Council denied review. The district court and Seventh Circuit affirmed. The record supported the vocational expert’s testimony concerning available jobs as a clerk, assuming certain restrictions: never climb ladders, ropes, or scaffolds and only occasionally climb ramps or stairs; never crouch, kneel or crawl; never perform overhead reaching; avoid exposure to extreme heat and cold; and perform work that includes occasional, but not frequent, use of fingers. Despite his testimony that he had broken at least 55 bones over the course of his life, the record showed that Shideler had only four surgeries and made a full recovery. The record contained no evidence that Shideler visited any doctors between May 2000 and December 2006.