![]() Rathsack.ĭefendants were represented by Julie Ann Teuscher, of Cassiday Schade, of Chicago. ![]() "There is ample room to conclude Duniver was indeed confused and intended no deceit."ĭuniver was represented before the state Supreme Court by Chicago lawyer Michael W. "We agree that reasonable people could conclude from these facts that Duniver’s actions in bankruptcy proceedings resulted from confusion and inadvertence, not an intent to deceive," Holder White said. ![]() Illinois First District Appellate Court reversed Flanagan, finding Duniver eventually added the suit to the bankruptcy case before it was dismissed, gained no benefit from his initial omission, and gave no indication of deception.Īt the Illinois Supreme Court, Justice Holder White backed up the appellate decision. Flanagan, sided with defendants, alleging Duniver had "blatantly deceived" the bankruptcy trustee. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. The Cook County judge handling the suit, Kathy M. Illinois Bankruptcy Cases filed in Illinois. The defendants pounced on this omission, saying as a result, Duniver had to abandon the suit, because his personal injury claim belonged to the bankruptcy estate.ĭuniver replied he inadvertently omitted the suit, because his bankruptcy attorney allegedly did not tell him he had to report it. In his bankruptcy petition, Duniver did not report, as required, that the suit was underway, according to court papers. Three weeks later, he filed for bankruptcy. He lodged a personal injury suit in 2019 in Cook County Circuit Court. Equipment Depot is in suburban Itasca.ĭuniver lost a leg while working as a forklift driver for Clark in 2017. Select a court or jurisdiction to see coverage details State Courts, Alabama, AL Montgomery County U.S. Neovia is based in Irving, Texas, and Battery Handling is based in St. The decision favored Darrius Duniver in his action against Clark Material Handling Company, Neovia Logistics Services, Battery Handling Systems and Equipment Depot of Illinois.Ĭlark makes forklift trucks and is headquartered in Lexington, Kentucky, with facilities around the globe, including in Cook County. O'Brien and Elizabeth Rochford did not take part. Scott Neville Jr., David Overstreet and Joy V. 20 decision was written by Justice Lisa Holder White, with concurrence from Chief Justice Mary Jane Theis and Justices P. Online Case Information The Clerk of the Circuit Court of Cook County provides on-line case. The Illinois Supreme Court has ruled a man did not lose his chance to continue a workplace accident lawsuit by omitting the suit from his bankruptcy filing, saying the man did not intentionally try to pull a scam on the bankruptcy court. These calls appear to be from phone numbers associated with the Court but are in fact spoof calls. system to maintain court records including Tippecanoe County.
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