Publications

Illinois Bar Journal
Articles on Damages

Collateral source rule and med bills - plaintiff’s, defense bar each win one By Helen W. Gunnarsson July 2007 Lawpulse, Page 342 Two districts of the appellate court construe Arthur v Catour, holding that plaintiffs can recover only what Medicare and Medicaid paid the provider - not the larger, undiscounted amount billed - and allowing a physician's expert testimony that a medical bill was reasonable.
Liquidated Damages: The Forgotten Remedy in Noncompete Disputes By Kenneth J. Vanko May 2007 Article, Page 254 Damages are often difficult to prove in unfair competition cases. Liquidated damages clauses can provide an effective - and efficient - remedy.
Land Surveyor Liability to Third Parties in Illinois By Richard F. Bales March 2007 Article, Page 136 The land surveyor made a mistake - what are the damages? The defenses? Who can recover? This article explores those questions from the plaintiffs' and defense perspectives.
Lawsuit challenges med-mal caps By Helen W. Gunnarsson January 2007 Lawpulse, Page 8 The suit, filed in Cook County, argues that the statute violates the separation of powers, is impermissible special legislation, and suffers from other constitutional infirmities.
Illinois supremes: legal malpractice plaintiffs can’t recover lost punitives By Helen W. Gunnarsson September 2006 Lawpulse, Page 458 Successful legal malpractice plaintiffs may not recover punitive damages they would have once but for the defendant lawyers' malpractice, the high court ruled earlier this summer.
Legal malpractice claims are not valid unless plaintiff suffered actual monetary damages December 2005 Illinois Law Update, Page 622 On September 22, 2005, the Illinois Supreme Court reversed the judgment of the Illinois Appellate Court, First District.
No recovery of economic losses for negligent design December 2005 Illinois Law Update, Page 622 On September 26, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County dis-missing the plaintiff-homeowners' architectural malpractice action against the architect and architectural firm. 
Supremes: defendants on the hook for undiscounted medical bills By Helen W. Gunnarsson September 2005 Lawpulse, Page 438 The Illinois Supreme Court upheld the third district's ruling that personal injury defendants may be liable for a plaintiff's original medical bill, not the lower amount negotiated by his or her insurer.
Maximizing Punitive Damages after BMW and State Farm: A Trial Lawyer’s Guide By Peter S. Stamatis and Alexander T. Muhtaris March 2005 Article, Page 112 Despite rumors to the contrary, the U.S. Supreme Court has not ruled punitive damages unconstitutional. Here's how to make the most of your cases.
Apportioning Liability in Third-Party Cases: Recent Issues By Elliot R. Schiff January 2005 Article, Page 38 The author recommends that nonparties, settling defendants, and plaintiffs not be considered when apportioning liability.
Defendants liable for undiscounted hospital bills, appellate court rules By Helen W. Gunnarsson August 2004 Lawpulse, Page 390 The third district appellate court ruled early this year that a plaintiff is entitled to the amount of a hospital's undiscounted bill, not a lower amount negotiated by the plaintiff's insurance carrier.
Comparative fault principles apply under the Illinois Domestic Animals Running at Large Act; entry of additur is appropriate where the jury’s verdict is legally inconsistent and inadequate because of failure to consider a specific item. June 2004 Illinois Law Update, Page 292 On March 2, 2004, the Fifth District Appellate Court affirmed the judgment of the Circuit Court of Jasper County, entering an additur for the plaintiff's claimed medical expenses and affirmed the jury verdict for plaintiff motorist. 
Parent may not claim loss of consortium damages for a child’s nonfatal injuries April 2004 Illinois Law Update, Page 176 On January 23, 2004, the Illinois Supreme Court affirmed the trial and appellate courts' dismissal of Count III of the plaintiffs' complaint. 
Posner to hoteliers: don’t let the bedbugs bite By Helen W. Gunnarsson January 2004 Lawpulse, Page 10 A leading conservative jurist makes a statement about punitive damages and pest control.
Recovering Damages for Wrongfully Issued Injunctions in Illinois By John J. D’Attomo January 2004 Article, Page 34 The court issue a TRO against your client without notice and based on a frivolous theory. What can you do?
Legislature Protects Whistleblowers Against Retaliation and Provides for Recovery of Damages P.A. 93-0544 November 2003 Illinois Law Update, Page 550 Employers (excluding governmental entities) are now prohibited from making, adopting or enforcing any rule, regulation or policy that prevents an employee from disclosing information to a government or law enforcement agency if that employee reasonably believes the information discloses a violation of a state or federal law.
The Structured Settlement Protection Act helps judges say “no” By Helen W. Gunnarsson November 2003 Lawpulse, Page 544 Some damage-award recipients don't act wisely when trading in their structured settlements for lump-sum payouts. A new law helps courts say "no" to bad deals.
Once plaintiff litigated her damages and received full recovery from one defendant, she could not pursue her case against second defendant for same indivisible injuries June 2003 Illinois Law Update, Page 280 On March 20, 2003, the Illinois Supreme Court held that the plaintiff could not maintain her negligence action against a second defendant after she had already collected full damages from a first defendant.
County must pay judgment against sheriff By Helen W. Gunnarsson May 2003 Lawpulse, Page 220 The Illinois Supreme Court recently held that a county must pay judgments entered against a sheriff's office acting in an official capacity.
Code of Civil Procedure § 2-1117 can limit defendant’s several liability to only nonmedical damages even if plaintiff’s employer exempt from liability under Workers’ Compensation Act February 2003 Illinois Law Update, Page 62 On November 21, 2002, the Illinois Supreme Court held that the appellate court properly applied § 2-1117 of the Code of Civil Procedure, 735 ILCS 5/2-1117.
Legislation allows victims of financial identity theft and aggravated financial identity theft to recover in civil action from convicted defendant P.A. 92-0686 February 2003 Illinois Law Update, Page 62 On July 16, 2002, Gov. George H. Ryan signed into law House Bill 5934.
Recovering Damages for Fetal Pain and Suffering By Barry David and Barth Howard Goldberg December 2002 Article, Page 661 The authors argue that parents are entitled to recover for an unborn child's pain and suffering.
Future injuries; the high court charts a new course By Helen W. Gunnarsson July 2002 Lawpulse, Page 338 When the Illinois Supreme Court held that plaintiffs can be compensated for the risk of future injury, it departed from precedent and followed the trend.
Correspondence from Our Readers October 2001 Column, Page 506 Moorman memories.  
The Moorman Doctrine Today: A Look at Illinois’ Economic-Loss Rule By Hon. Sheldon Gardner and Matthew Sheynes August 2001 Article, Page 406 The doctrine, which precludes tort recovery for purely economic damages, was supposed to reduce the tension between contract and tort law. But has it?
A Moorman-Doctrine Exception for Design Professionals and Construction Managers? By Peter J. Bedard August 2001 Article, Page 412 Has the Illinois Appellate Court opened the door to one? Maybe.
The Lawyer’s Journal By Bonnie C. McGrath June 2001 Column, Page 282 Knock-off alert for real estate contract; new Supreme Court Rule 99; time is money, and thus compensable; and more.
Analytical framework announced in Kolstad v American Dental Association must govern determination of punitive damages under Title VII April 2001 Illinois Law Update, Page 170 On February 2, 2001, the seventh circuit held that the district court failed to properly analyze an employee's request for reinstatement to his job, and erred in its analysis of the employee's claim for punitive damages.
“Compensatory damages” in section 9-102 of the Tort Immunity Act does not include attorney fees against municipalities April 2001 Illinois Law Update, Page 170 On February 16, 2001, the Illinois Supreme Court responded to the question of whether § 9-102 of the Illinois Tort Immunity Act permits the recovery of attorney fees against municipalities within its definition of compensatory damages.
De minimus nature of defect in sidewalk is not sufficient reason to grant summary judgment when injury was reasonably foreseeable November 2000 Illinois Law Update, Page 624 On September 1, 2000, the second district of the Appellate Court of Illinois reversed the trial court's grant of summary judgment to the defendant, Old Kent Bank, on Harris' claim of negligence for injuries she sustained after tripping and falling on the sidewalk upon exiting the bank.