Clarifications made to the contact sports exception to negligence claimsMarch 2010Illinois Law Update, Page 128On December 31, 2009, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Du Page County, which found that the contact sports exception to ordinary negligence claims applied to a trainer of an amateur hockey team.
Power company has a duty to respond to a downed power line with due careNovember 2009Illinois Law Update, Page 552On August 27, 2009, the Illinois Appellate Court, Fourth District, reversed and remanded the grant of summary judgment by the Circuit Court of Cook County in favor of the defendant power company, finding that there was a genuine issue of material fact as to whether defendant breached its duty to the plaintiff to respond to a downed power line with due care.
CTA notice requirement eliminatedBy Helen W. GunnarssonJuly 2009Lawpulse, Page 330Plaintiff’s lawyers are cheering the removal of a notice requirement they say functioned “as a shield against unsuspecting plaintiffs” with legitimate claims against the CTA.
Evidence is insufficient to prove negligence if the conclusion is merely possibleJune 2009Illinois Law Update, Page 284On April 1, 2009, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County which granted summary judgment for the defendants after concluding that no genuine issue of material fact existed to establish negligence on the part of the defendants.
Victory for defendants in asbestos caseBy Helen W. GunnarssonJune 2009Lawpulse, Page 278The Illinois Supreme Court allows defendants in asbestos cases to introduce evidence that someone else's negligence was the sole proximate cause of a plaintiff's injuries.
A veterinary standard of careBy Helen W. GunnarssonJuly 2008Lawpulse, Page 334The court makes explicit that veterinarians are "skilled" practitioners of a "profession or trade" and thus owe a duty of care.
No duty to warn, Illinois high court holdsBy Helen W. GunnarssonNovember 2007Lawpulse, Page 570The court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B.
Land Surveyor Liability to Third Parties in IllinoisBy Richard F. BalesMarch 2007Article, Page 136The 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.
Campground operator has no duty to warn of naturally accumulating walnutsJuly 2006Illinois Law Update, Page 334On April 19, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Whiteside County, granting summary judgment to the defendant campground owner because she had neither a duty to keep the campground clear of fallen walnuts nor a duty to warn patrons of the danger posed by such walnuts.
Railroad operator liable for injury to frequent trespasserMay 2006Illinois Law Update, Page 230On March 10, 2006, the Illinois Appellate Court, First District, answered two certified questions posed by the Circuit Court of Cook County, regarding the liability of a railroad company to a trespasser.