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$5.45M CTA Settlement for Estate of Biker Run Over By Bus

11/19/2012

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The CTA approved a $5.45 million settlement for the estate of a woman who was run over by a 152 Addison bus when she was trying to remove her bicycle from the front of the bus.  The CTA approved the settlement because its bus driver was negligent when he failed to look in front of the bus for anyone, especially a passenger that had just alighted.

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$64M verdict for iron worker fall

11/16/2012

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A Cook County jury awarded an iron worker, who fell at a jobsite and was left paralyzed and in need of 24 hour care for the rest of his life, $64 million in total damages.  The company responsible is planning an appeal but the case is a lesson to both workers and construction companies in compliance with workplace safety procedures and policies.  OSHA compliance is critical for the long term survival of both workers and companies.

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city considers settling 2006 lawsuits after settling 2003 iraq protest lawsuits

10/25/2012

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Blessed with qualified immunity and tort immunity generally, the City and its employees often hide behind either a blue wall of silence, like the Chicago Police has thrown up regarding the off-duty cop body slamming a female bartender, but also the City's Corporation counsel as is the case where the Chicago Police arrested a mentally ill California woman in Midway Airport and detained and released her into a south side neighborhood where she was eventually raped and fell off a building, ending up horribly injured. The CPD failed to adhere to department protocol related to the treatment of mentally suspect offenders and ignored clear evidence and fellow colleague appraisals regarding the mental health of the plaintiff.

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Nanny cam exposes abuse, parents sue to recover damages

10/23/2012

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No loving parent can stand by without acting when their child is harmed.  No parent should have to tolerate that.  When parents hire caregivers for their children, parents, or themselves, that caregiver is entrusted with a near sacred duty to preserve the health, dignity, and vitality of a loved one.  When that duty is breached, the harm can be tremendous in both physical pain, but also emotional turmoil.

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CHICAGO'S SCHOOL SPEEDING CAMERA PLAN HITS A LEGAL SNAG

9/12/2012

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The Chicago Tribune is reporting that the City of Chicago has finally come to terms with the legal flaws in their school speed zone camera plan.  Illinois, thanks to a nearly 40 year legal opinion authored by the then-Illinois Attorney General will only cite a driver from exceeding a posted school speed zone if there are children present. This is a necessary element that the State must prove beyond a reasonable doubt to enforce the ticket. 

The precedent exists unbroken to this day and requires the arresting officer to testify about the presence of children during a hearing.  This is why signs throughout Illinois in school zones have smaller lettering saying "When children are present."  In other words, the school zone speed only exists when children are present and otherwise it is the default speed for that road (prior posted speed limit).

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    Author

    Rishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C.

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