Chicago Personal Injury Lawyer

CHICAGO— In accordance with a draft Plan of Compromise and Arrangement filed with the Quebec Superior Court today in the CCAA case for Montreal Maine and Atlantic Canada Co. (MMAC), nearly $200 million in settlement funds will be distributed to the victims of the Lac-Mégantic, Quebec train derailment disaster that occurred on July 6, 2013. According to the trustee for Montreal Maine and Atlantic Canada Ltd. (MMA), MMAC’s U.S. parent company, a similar plan will soon be filed in the MMA chapter 11 case. In addition, the parties continue to pursue additional settlements with parties who are not yet contributors, failing which litigation will continue against those parties with the goal of materially increasing the settlement fund.

“We are pleased to finally reach a partial resolution and settlement for the victims of the train derailment disaster,” said Robert Keach, the appointed trustee for the MMA bankruptcy case. “Due to the diligence and respect by all parties associated with this plan in Canada and the United States, we have put forward a favorable resolution. With continued diligence by all parties, the settlement amount will be significantly higher.”

The settlement is subject to approval by the courts presiding over the MMA and MMAC cases. Upon approval, the settlement funds will be split and distributed to the following parties:

• The Wrongful Death Claimants, including 48 deceased victims and their families
• The Personal Injury and Moral Damages Claimants
• Property and Economic Damages Claimants
• Insurer Claimants
• Government Claimants

“Our litigation in Illinois played a dramatic role in increasing the amount of funds that will be distributed to our clients who are the families of the deceased victims of the Lac-Megantic disaster,” said Peter Flowers, wrongful death plaintiffs lawyer of Meyers & Flowers Law Firm in Chicago, who is working directly with Attorney Jason Webster, of the Webster Law Firm in Houston. Flowers and Webster represent the plaintiffs who died in the train disaster and their families. Attorney Mitchell Toups of Beaumont, Texas, is also involved in the legal representation of the wrongful death victims.

“We have driven the value in the wrongful death estate higher than our clients would have received under Canadian law,” Flowers said. “But, this is just the beginning of the settlements for our clients, as there are three huge contributors to this disaster, including World Fuel Services, Canadian Pacific Railway, and Irving Oil. And they are not yet contributing a penny to this resolution. We will turn over every stone on earth before we give up on them and intend on pursuing them in Illinois and any other state to ensure that they are brought to justice and held responsible for this disaster.”

At First Trial Over Dangerous Household Product, Jury Awards $7 Million to Woman Disfigured by Exploding Cooking Spray

Videos and graphic images of exploding cans demonstrate the danger of household cooking spray cans; dozens of additional cases remain pending.

CHICAGO, IL–The first trial in a series of personal injury lawsuits related to exploding cooking spray cans resulted Monday in a $7.1 million verdict for a Pennsylvania woman and a reminder of the potential danger of the household cooking product.

A jury in Cook County Superior Court awarded a $7.1 million verdict to Tammy Reese, a Pennsylvania woman, who was one of dozens of people injured from exploding cans of household cooking spray made by the food packaging giant Conagra. The award includes $4 million for punitive damages and $3.1 million in compensatory damages for the plaintiff. These incidents, which have occurred in home kitchens and restaurants across the country, have led to permanent injuries for dozens of customers. A total of 56 cases have been filed with 61 injured plaintiffs since the complaint was brought forth against Conagra, which manufactures PAM and other similar cooking spray brands.

On May 9, 2017, Reese was working as a cook at a social club in Shippensburg, PA, when the cooking spray can overpressurized and exploded, igniting in flames and catching Tammy on fire. She sustained burns on her forearms, both hands, and her face.

“Nothing can begin to describe the excruciating pain and fear I felt that day. When I learned that countless other people had experienced what I went through and that no recall was ever made, I felt angry. I hope that they can get justice for the pain Conagra caused them to live with for the rest of our lives,” said the plaintiff, Tammy Reese.

Cooking spray is most commonly designed as an aerosol container that dispenses a fluid product under pressure. In 2011, Conagra began using a new kind of aerosol can in an effort to save money, as detailed in the lawsuits filed.

The new design is used primarily for cans that contain more than 10 oz. of product, the type usually sold at wholesale retail chains around the country under either the PAM label or generic store brands manufactured by Conagra for retailers. The new design includes a venting mechanism on the bottom of the can – visible as four U-shaped score marks – intended to allow the container to vent its flammable contents in a controlled manner. The plaintiffs in these cases have alleged that the design of the cans is faulty, dangerous, and prone to explosion.

“Conagra recklessly put countless people in danger when it became aware of the clear danger posed by these defective spray cans. It was even more irresponsible to reject a recall that could have averted additional injuries after these claims came to light, despite Conagra having known about these issues previously. While the jury’s award won’t be able to undo some of the victims’ injuries, we hope it can begin to undo some of the harm that Conagra caused them,” said J. Craig Smith of Koskoff, Koskoff and Bieder, one of the law firms representing the victims in the cases.

Koskoff Koskoff & Bieder and Meyers & Flowers, who represent the plaintiffs, have conducted unique research and product-safety testing on the design and safety of Conagra-manufactured spray cans. The research consisted of a variety of experts and lab tests over the course of several years. This extensive testing proved, undoubtedly, the defectiveness and faulty design of the bottom of Conagra cooking spray cans and the extreme safety hazards for consumers using the product.

“Overlooking the clear and present risk that their product caused to their customers just so they can turn a profit is one of the most shocking examples of corporate negligence that I’ve seen. While these defective cans are no longer being manufactured, consumers should still be aware that they are on the shelves and they can permanently harm you,” said Pete Flowers of Meyers & Flowers, who also represents the plaintiffs.

Evidently aware of the danger the new can design poses, Conagra has inferred to business partners that, as of January 1, 2019, it has discontinued additional production using the new design. However, the company refused to issue a nationwide recall of the already-shipped product, which has a shelf life of several years, resulting in the dangerous cans remaining on store shelves.

About Koskoff, Koskoff & Bieder

Koskoff, Koskoff & Bieder, based in Connecticut, is a nationally recognized law firm that, in 2022, achieved a landmark legal victory on behalf of nine families of the Sandy Hook School shooting. The firm has also achieved record verdicts for people who suffer serious harm from violation of their civil or constitutional rights, medical malpractice, dangerous products, negligence, corporate or governmental abuse, and commercial misconduct.

About Meyers & Flowers

Led by Illinois Top 100 Super Lawyer and former President of the Illinois Trial Lawyers Association, Peter J. Flowers, the Meyers & Flowers team of experienced trial attorneys routinely take on large challenges and succeed. For more than two decades, the firm has represented clients both locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, medical malpractice, workplace injuries, and wrongful death.

$7 Million Resolution for Six-Year-Old Boy Hit by Negligent Semi-Truck Driver

Craig D. Brown and Michael W. Lenert of Meyers & Flowers obtained a $7,000,000.00 settlement on behalf of a 6-year-old Illinois boy struck by a commercial semi-tractor trailer while he was riding a motorized scooter. 

On September 19, 2017, six-year-old Charlie went over to his friend Johnny’s house in rural Illinois to play after school.  Johnny lived on a truck route in a residential neighborhood.  Johnny’s great grandmother was at the home to supervise the two boys.  While playing in the back yard, Johnny went into the unlocked garage and started driving a 12-volt motorized scooter up and down the driveway.  Although Charlie had just learned how to ride a bike two weeks prior, he wanted to take a turn riding the scooter.  Tragically, Charlie, not knowing how to control the scooter, began to drive the scooter down the driveway.  As Charlie sped down the driveway, he attempted to stop the scooter by dragging his feet. Unfortunately, Charlie was unable to stop and ultimately entered the roadway where he was run over by an 18-wheel semi-tractor trailer.   

It is a miracle Charlie survived the crash, but his injuries can only be described as permanent and catastrophic.  He suffered multiple orthopedic fractures, internal bleeding, and a complete disconnection of his urethra from his bladder.  Furthermore, he suffered a severe traumatic brain injury that caused permanent and substantial cognitive deficits.  He underwent dozens of surgeries, but unfortunately, his injuries will leave him dependent on his loved ones for basic needs for the rest of his life.  

“Both my wife and I had tragedy strike when our son was hit by a semi tanker,” said Charlie’s father.  Though our son made it out alive, we were met with a large healthcare lien from the hospital.  We were referred out to Meyers & Flowers and from the beginning of our case the team was understanding with our availability and were willing to help us out in any way possible.” The Meyers & Flowers team led by Craig Brown and Michael Lenert worked on Charlie’s case for over 3 years and investigated every possible legal cause of the crash.  

Initially, their efforts focused on the homeowner’s insurance policies.  According to Craig Brown, “Johnny’s parents and grandparents were one of the legal causes of Charlie’s catastrophic injuries.   Johnny’s parents were negligent because they allowed their young son to have unsupervised access to a dangerous motor scooter.  That scooter should have been locked in the garage and not used without adult supervision.  Moreover, Johnny’s grandmother was also a legal cause of the crash because she failed to supervise Johnny and Charlie, who were only 6 years old.  Fortunately, we were able to convince the homeowner’s insurance company to pay their full $1 million policy at the outset.  We used this money to help Charlie obtain the best medical care possible while we continued to investigate all potential causes of action.”   

Mr. Brown and Mr. Lenert specifically investigated a potential case against the driver of the semi-tractor and his employer.  The driver told the investigating police officer that he never saw Charlie before the impact and that after he felt a bump, he slowed down, looked in his side mirror, and saw Charlie lying in the street.  The driver claimed he kept a proper lookout to his right as he was heading down the truck route, but his view of Charlie was obstructed by trees and a minivan that was parked in Johnny’s front yard. 

“When I initially contacted the insurance company of the driver, I was told the driver did nothing wrong, that the accident was unavoidable as the driver did not have an opportunity to see Charlie prior to the impact, and that consequently the insurance company was never going to pay to settle the case despite the fact that there was $6 million of liability coverage.  Given the carrier’s steadfast refusal to consider the merits of our claim, it was necessary for us to litigate this matter to establish the liability of its insured and convince the carrier that they had grossly misevaluated the claim,” said Craig.  

To prove the truck driver could have stopped his 18-wheeler before Charlie entered the roadway had the driver kept a proper lookout, Mr. Brown and Mr. Lenert hired a team of experts who utilized state-of-the-art technology to prove what really happened that tragic day.  According to Mr. Brown, “We had our experts drive the same type of truck down that road on the 1-year anniversary of the crash, and they videotaped the visibility from inside the cab.  We also flew a drone down the street to capture exactly what the truck driver would have seen when he was driving down the road.  Our accident reconstruction expert then helped us establish that the driver should have been able to see Charlie at the top of the driveway when Charlie first began to drive the scooter down the driveway.  Through these efforts, we proved Charlie was visible for 7 seconds prior to the time of impact and the driver could have stopped his truck, which was traveling 30 mph, had he reacted properly when seeing Charlie at the top of the driveway.”   

“Through the opinions of our retained experts, we were able to create a three-dimensional computer model of the events leading up to the crash.  We were able to ultimately establish that if the driver had detected the electric scooter when leaving from the garage or his friend running down the driveway and began to slow, he would have been able to stop prior to reaching the area where the incident occurred.” 

Mr. Brown and Mr. Lenert also presented the evidence to several focus groups and conducted a mock trial to learn how potential jurors would most likely interpret the evidence. According to Mr. Lenert, “What became apparent was that we needed to clearly show the jury that the driver of the truck, despite only having seven seconds to react, had ample time to appreciate the hazard of the children playing on the driveway and respond appropriately to avoid this tragedy.”    

Shortly before the trial was to be scheduled, the same insurance company that initially denied the claim agreed to pay its full $6 million liability policy.  “While we cannot go back in time and prevent this crash and Charlie’s catastrophic injuries, we are pleased that our thorough investigation, analysis, and prosecution of this crash, including the retention of some of the top experts in the country who utilized cutting edge technology, convinced the defense that they should tender their full policy limits as opposed to proceeding to a jury trial. This allowed us to secure a settlement that will allow Charlie’s parents to give their son the best available medical care and treatment for the rest of his life,” said Mr. Lenert.  

“Meyers & Flowers is a firm with a dream team of experts for every situation.  I know the case with our son was an uphill battle with a lot of grey areas, but they were able to get the job done with experts proving the case from our standpoint.  Craig has kept constant contact with me on every aspect of my son’s case and thought of different approaches to evidence that I would have never dreamed of.  He even made himself available to come to our house when driving to Chicago wasn’t possible with our busy schedule.  The team was very professional and human! They treated us like real people rather than just another client.  They listened to our pleas for help, and he made sure to fight for us to better our son’s future,” said Charlie’s parents. 

Accident law is complex, with many intricacies to navigate.  As a law firm with over 20 years of experience helping victims of auto accidents, we have the skills needed to protect your rights and ensure you are fully compensated both now and in the future.  If you or a family member needs additional information on Meyers & Flowers’ experience in car crash or trucking accident litigation, please contact us today at [email protected] or at (630) 232-6333. 

The Meyers & Flowers team led by Partner Michael Lenert, worked tirelessly on behalf of the family of Betty and John Fassig in a wrongful death lawsuit against John Goldone III and his insurers, which was settled this summer for $3.6 million. The Mendota, Illinois, couple was killed last summer when their car was struck by Goldone when he failed to stop.

The Fassigs were survived by their two children and five grandchildren. The couple was active in their family and community. They stepped in to raise their three granddaughters when the girls tragically lost their parents less than 18 months apart in 2009 and 2011. The youngest of their granddaughters was in high school and still lived with Betty and John at the time of the accident. The couple could often be found on the sidelines of their grandchildren’s soccer, baseball and basketball games. They also cared for their disabled adult son.

“Betty and John were amazingly kind and caring parents and grandparents,” said Mike Lenert. “Over the last year, we dedicated the full resources of the firm to aggressively represent their family in every step of this case, as they worked in their memory. It was a privilege to work for the Fassig family our hope is that this settlement will serve as further closure for the family, as they continue to heal from their heartbreaking loss.”

The Meyers & Flowers team conducted an extensive investigation into the circumstances surrounding this case as we developed a comprehensive litigation plan and relentlessly pursued justice on behalf of the Fassig family.

Accident law is intricate, with many possible pitfalls. If you or a family member needs additional information on Meyers & Flowers’ experience in car or trucking accident litigation, connect with us today at [email protected] or at (630) 232-6333.