Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Thompson pulled his JBS tractor/trailer onto the shoulder, activated his four‐way flashers, and fixed a malfunctioning light. With the flashers still on, he had just reentered the highway and was traveling 15-18 miles an hour when Hasib came around a curve and crashed into the back of his trailer. The impact killed Hasib instantly and set his E.J.A. truck on fire. Hasib’s son, Edin, who also drove for E.J.A., saw that his father’s truck on fire, parked, and attempted to pull his father from the cab. Edin suffered burns. On hearing of her husband’s death, Esma had to be taken to a hospital. As a result of Major Depressive Disorder, Esma never returned to work. Edin suffered PTSD. Hasib's daughter attempted suicide at her father’s grave. Hasib’s estate brought claims under the Illinois Wrongful Death Act and the Illinois rescue doctrine. The companies asserted counterclaims under the Joint Tortfeasor Contribution Act. On the wrongful death claim, a jury attributed 55 percent of the fault to Thompson and JBS and reduced its $5,000,000 damage award by 45 percent; it awarded Edin $625,000 on his rescue claim. The Seventh Circuit affirmed, upholding the court’s refusal to give a jury instruction on the duty to mitigate damages, instead giving instructions related to “careful habits” and “exigent circumstances.” The court rejected arguments that the court should have apportioned Edin’s award and that the court erred in allowing an award for Esma’s lost earnings. View "Karahodzic v. JBS Carriers, Inc." on Justia Law

While Beebe and Lucas Roh were at Starbucks on Rush Street in Chicago, with their sons, five-year-old Alexander and three-year-old Marcus, a wood and metal stanchion, part of a grouping intended to direct customers, fell onto Marcus’s finger, which had to be amputated that same day. Beebe sued. The district court granted summary judgment in favor of Starbucks. The Seventh Circuit affirmed. Any duty Starbucks may have owed Marcus was abrogated by his parents’ presence with him in Starbucks at the time of the accident. The boys were playing on the rope and stanchions. HIs parents had the duty to protect them from the obvious danger posed by playing on the unsecured stanchions, even if the parents were unable to foresee the particular injury that resulted. View "Roh v. Starbucks Corp." on Justia Law

Dunn and his adult son, Erik, visited a Menard store to purchase rolled insulation. He was a frequent customer. After paying for 21 rolls, Dunn was told to drive an adjoining self‐service warehouse to load his purchase. Both warehouse entrances displayed signs stating, “For your safety, caution, do not cut bandings, do not open packages, do not pull, do not climb, and if you need assistance, please call.” Dunn did not observe any Menard employees in the warehouse but understood he could ask for assistance. Dunn parked his van next to vertical stacks of insulation, noticing that one stack, approximately 16 feet high, “was not straight,” “seemed too high,” and was “unstable.” Dunn told Erik to “keep an eye” on the stack but did not seek assistance. He concluded he could obtain his insulation without touching the unstable batch. Dunn instructed Erik to “be cautious” and they proceeded to load their van. The leaning stack fell. Insulation struck Dunn and forced him to the ground, allegedly injuring his shoulder. The Seventh Circuit affirmed summary judgment in favor of Menard. Menard did not owe Dunn a legal duty because the stack constituted an “open and obvious” danger and imposing such a duty would be excessively onerous under the circumstances. View "Dunn v. Menard, Inc." on Justia Law

Dunn and his adult son, Erik, visited a Menard store to purchase rolled insulation. He was a frequent customer. After paying for 21 rolls, Dunn was told to drive an adjoining self‐service warehouse to load his purchase. Both warehouse entrances displayed signs stating, “For your safety, caution, do not cut bandings, do not open packages, do not pull, do not climb, and if you need assistance, please call.” Dunn did not observe any Menard employees in the warehouse but understood he could ask for assistance. Dunn parked his van next to vertical stacks of insulation, noticing that one stack, approximately 16 feet high, “was not straight,” “seemed too high,” and was “unstable.” Dunn told Erik to “keep an eye” on the stack but did not seek assistance. He concluded he could obtain his insulation without touching the unstable batch. Dunn instructed Erik to “be cautious” and they proceeded to load their van. The leaning stack fell. Insulation struck Dunn and forced him to the ground, allegedly injuring his shoulder. The Seventh Circuit affirmed summary judgment in favor of Menard. Menard did not owe Dunn a legal duty because the stack constituted an “open and obvious” danger and imposing such a duty would be excessively onerous under the circumstances. View "Dunn v. Menard, Inc." on Justia Law

White, pregnant with her tenth child, was charged with federal bank fraud. She failed to appear and was taken into custody when she was 35 weeks pregnant. The U.S. Marshals arranged for her housing at JCDC, which had a full-time medical staff and a relationship with an obstetrics practice. White’s intake form indicated an October 18 due date. Her blood pressure was high. No medical history was taken. White did not disclose that with her ninth pregnancy, she had an emergency cesarean section at 34 weeks. White signed a release but JCDC did not obtain her prenatal care records. For 10 days, White had multiple contacts with medical staff. She told a nurse that she was not having any problems. White then refused to be seen and signed a refusal form. Days later, White awoke with pain and called for assistance at 5:10. An ambulance arrived at 5:22. White arrived at the hospital at 5:52. White again denied having any complications or chronic medical problems. At 6:07, the nurse was unable to find fetal heart tones. At 6:13, the doctor ordered an emergency cesarean section. J.L. was delivered at 6:33. White had suffered a complete abruption of the placenta which stopped the flow of oxygen to J.L., who has severe, permanent disabilities. The abruption likely occurred in the ambulance or at the hospital, because J.L. would not have survived had it occurred earlier. Her father sued under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671, alleging medical malpractice. The Seventh Circuit affirmed summary judgment for the defendants. Placement and retention of White at JCDC fell within the discretionary function exception to the FTCA’s waiver of sovereign immunity. There was no indication that White needed immediate care before the morning of J.L.’s birth, when staff promptly called for help. View "Lipsey v. United States" on Justia Law

Arun Gopalratnam purchased an HP laptop computer that contained a DynaPack battery pack with Samsung lithium-ion battery cells. Months later, the Menomonee Falls Fire Department responded to a major fire in a basement bedroom of the Gopalratnam’s home. After the fire was extinguished, firefighters discovered Arun deceased on the floor of the room. Am autopsy classified smoke inhalation as the cause of death, with no evidence of pre-fire injury or disease, and no drugs or alcohol in Arun’s system. Special Agent Martinez concluded that the fire originated in the basement bedroom where Arun’s body was located. Martinez excluded multiple potential sources of the blaze (electrical and gas meters, electrical distribution panels, gas-fueled furnaces, electrical plugs, light switch, and ceiling light fixture) but could not ascertain the fire’s ultimate cause. He did not eliminate a possible mattress fire. The remains of Arun’s HP laptop, cell phone, and the laptop battery cells, were in the debris. In the Gopalratnams’ suit, alleging negligence, strict products liability, and breach of warranty, the plaintiffs claimed that a defective battery cell in Arun’s laptop caused the fire. The district court granted motions to exclude plaintiffs’ expert witnesses on causation. The Seventh Circuit affirmed. The district court applied the proper legal standard: The admissibility of expert testimony is governed by Federal Rule of Evidence 702 and Daubert. The experts failed to account for other possible explanations. View "Gopalratnam v. ABC Insurance Co." on Justia Law

Madden, suffering from morbid obesity, respiratory acidosis, congestive heart failure, chronic obstructive pulmonary disease, obstructive sleep apnea, obesity hypoventilation syndrome, hypertension, and hyperlipidemia, was admitted to the V.A. Hospital several times before his last admission on December 28, 2007. The Hospital placed Madden in respiratory isolation. On the same day, Madden’s wife described him as “not being himself,” and unsuccessfully requested the presence of a staff member in the room with Madden at all times. The Hospital allowed Madden to sit in a wheelchair because of his difficulty with lying in bed. Madden consistently reported that he was feeling fine, with a few comments about shortness of breath. On January 1, 2008, Madden was found unresponsive in his wheelchair. It took the Hospital 25 minutes to resuscitate him; Madden had suffered a cardiopulmonary arrest. On January 25, Madden was transferred to a long‐term care facility. He never regained consciousness and died on January 8, 2010. Madden’s estate filed a wrongful death suit under the Federal Tort Claims Act. The Seventh Circuit affirmed in favor of the government, agreeing that the government’s expert’s opinions were supported by medical records, relevant literature, data, studies, and medical explanations; while the government successfully impeached the family’s expert, a family friend, for lack of consultation of relevant medical literature and even Madden’s medical records. View "Madden v. United States Department of Veterans Affairs" on Justia Law

Krik has lung cancer Krik smoked a pack and a half of cigarettes every day for 30 years. From 1954-1960 Krik also worked aboard navy vessels removing insulation produced by Owens‐Illinois, which he claimed exposed him to asbestos fibers. For two weeks, he worked as an independent contractor at Mobil’s Joliet refinery replacing heaters that Krik claimed were insulated with asbestos. In his suit against Owens and Mobil, a jury found that cigarettes were the sole cause of Krik’s cancer. The Seventh Circuit affirmed, upholding the district court's exclusion of testimony from Krik's expert concerning theories that any exposure to asbestos fibers whatsoever, regardless of the amount of fibers or length of exposure constitutes an underlying cause of injury to the exposed individual. The court also rejected a claim that he was denied a fair trial when Mobil, with the knowledge of Owens, hired a private investigator to secretly conduct an interview of a sitting juror’s acquaintance, to verify and investigate information revealed by the juror. Neither issue was prejudicial and denied Krik a fair trial. View "Krik v. Exxon Mobil Corp." on Justia Law

Smith was transported from the Rock Island County Jail to the federal courthouse for arraignment. U.S. marshals took Smith to an interview room to meet his lawyer. The Marshals Service inspects the interview rooms weekly. On the detainee’s side of the room, there is a metal stool attached to the wall by a swing-arm. According to Smith, when he sat on the stool it “broke,” causing him to fall and strike his head; he saw that bolts were missing. A nurse examined Smith and noted that his speech was slurred. She had him taken to the emergency room. He was treated for a stroke and continues to suffer adverse effects. Smith filed an administrative tort claim, which was denied. Smith then brought suit under the Federal Tort Claims Act, 28 U.S.C. 2671, relying on the doctrine of res ipsa loquitur to impute negligence to the government. The district court rejected the theory, noting that Smith’s fall occurred at 11 a.m., so it was possible that others could have already damaged the seat or that Smith fell without the stool having malfunctioned. The Seventh Circuit reversed. The fact that a detainee is left alone to confer with his lawyer does not defeat the notion that the room and its contents remain within the control of the government. The sort of malfunction that Smith has described is the kind of hazard that the government may be expected to guard against. View "Smith v. United States" on Justia Law

Plaintiff began his military career in 1983, serving in the Indiana National Guard, the Army, and the Army Reserve. He was a Captain and served in combat in Iraq. In 2007-2011 he sustained several injuries and was diagnosed with Type 2 diabetes. He was placed on reserve status while a Physical Evaluation Board evaluated his fitness for continued military service. When retired from the army on grounds of physical disability in 2014, Futrell became eligible for a monthly government pension. Had paperwork been processed, he would have also received incapacitation payments during the gap between his release from duty and his retirement; he received no government payments between December 2011 and January 2013, causing him severe financial and emotional distress. In 2013, the government paid him an amount that covered the incapacitation payments that he should have received, but did not compensate for his distress. He filed suit against under the Federal Tort Claims Act, 28 U.S.C. 2674. The Seventh Circuit affirmed dismissal of the suit as barred by a Supreme Court holding that the Act is unavailable to a member of the armed forces who “while on active duty and not on furlough, sustained injury due to negligence of others in the armed forces.” The alleged harms all relate to military benefits and were committed by military base staff. That he was on reserve status is irrelevant. View "Futrell v. United States" on Justia Law