Publications

Illinois Bar Journal
Articles on Negligence

Trial Lawyers' Top Opinions of 2005 By Hon. James P. Flannery Jr. March 2006 Article, Page 122 From pre-trial notice requirements to spoliation of evidence, 2005 produced an array of Illinois cases of special interest to the trial bar.
Don't Let the Open-and-Obvious "Distraction" Exception Swallow the Rule By Beth C. Boggs and Douglas B. Keane November 2005 Article, Page 578 The authors argue that some courts have unwisely expanded the"distraction"exception to the rule barring recovery for injury causedby an open and obvious danger.
The Open and Obvious Doctrine and Landowner Liability: The Rule and the Exceptions By Jennifer E. Simms July 2004 Article, Page 352 A discussion of the doctrine, its exception, and its applicability to children.
Cause of action recognized for negligent issuance of a life insurance policy based upon the proposed insured's lack of knowledge and consent to the policy April 2004 Illinois Law Update, Page 176 On January 23, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the circuit court's grant of the defendant's motion to dismiss.
Jumping on a trampoline poses open and obvious risks so there is no duty to warn August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, and concluded that it was proper to enter summary judgment on behalf of the defendants in this product liability case.
The Changing Contours of the Illinois Tort of Negligent Misrepresentation By Matthew Sheynes July 2002 Article, Page 362 Since the introduction of the Moorman doctrine, the pleading requirements for negligent misrepresentation have grown complicated. Here's a tour of the new legal landscape.
Pre- and post-delivery negligence allegations are part of a continuous series of events that meet the requirement for an identity in causes of action to dismiss suit under res judicata June 2002 Illinois Law Update, Page 288 On April 3, 2002, the Appellate Court of Illinois, Second District, concluded that the plaintiff's suit was barred by the doctrine of res judicata because there was an identity of the causes of action in plaintiff's prior and present suits.
Claim brought pursuant to the Nursing Home Care Act need not comply with § 2-622 of the Code of Civil Procedure requiring a physician's affidavit verifying the claim December 2001 Illinois Law Update, Page 624 On September 26, 2001, the appellate court, fourth district, answered the certified question of whether the plaintiff's negligence claim brought pursuant to the Nursing Home Care Act (Act), 210 ILCS 45/3-601.
The Contact-Sports Exception Under Illinois Tort Law By Bradley C. Nahrstadt and Matthew D. Kuehl December 2001 Article, Page 640 Voluntary participants in contact sports aren't liable for injuries caused by their negligence;when the exception applies.
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.
The Lawyer's Journal By Bonnie C. McGrath May 2001 Column, Page 226 Arbitration clauses in employment contracts are enforceable; visit the Illinois Supreme Court Web site; and more.
Comparative Fault, Contribution, and Joint and Several Liability: An Agrument Against Reconciliation By William R. Tapella II December 2000 Article, Page 694 The courts and legislature should avoid pleas for false symmetry among the three, this author argues.
A pharmacist who knows that the prescribed drug is contraindicated for a patient with allergies has a duty to warn the patient or prescribing physician December 2000 Illinois Law Update, Page 690 On September 29, 2000, the Second District of the Appellate Court of Illinois reversed the trial court's grant of summary judgment to the defendant on Happel's claim of negligence after she suffered anaphylactic shock resulting from a prescription filled by Wal-Mart's pharmacy.
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.
The Lawyer's Journal By Bonnie C. McGrath August 2000 Column, Page 434 You still have the right to remain silent; UPL and in-house counsel; and more.
Drawing the Boundaries of Negligent-Hiring Claims By Jeffrey A. Blevins and Gregory J. Schroedter July 2000 Article, Page 413 The first district recently held that negligent-hiring plaintiffs must show a nexus between the harm they suffered and the defendant's breach.
The Lawyer's Journal By Bonnie C. McGrath July 2000 Column, Page 378 Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.
Siderail Use and Legal Liability in Illinois Nursing Homes By June A. Braun and Elizabeth Capezuti June 2000 Article, Page 324 The authors argue that routine use of bed siderails is neither good for patients nor effective defensive medicine.
Exercise of control by employer over a contractor's work may subject employer to liability May 2000 Illinois Law Update, Page 252 On March 1, 2000, the Appellate Court of Illinois, Third District, reversed the circuit court's grant of summary judgment to Midwest Grain Products, a grain processing company defending against an ironworker's negligence suit arising from injuries sustained in a construction accident.
Plaintiff's negligence in railroad accident does not prevent finding of negligence of defendant March 2000 Illinois Law Update, Page 128 On December 22, 1999, the Second District Appellate Court overruled the summary judgment granted to the defendants by the circuit court of McHenry County.
Defendant who permitted recreational public use of its lands owed no duty of care February 2000 Illinois Law Update, Page 68 On December 2, 1999, the Illinois Supreme Court affirmed the appellate court’s holding that Universities Research Association, Inc., was not liable for injuries suffered by plaintiff Donald Fraser.
Bank not guilty of negligent misrepresentation when plaintiff's reliance on alleged statements by bank employee was unreasonable December 1999 Illinois Law Update, Page 636 On October 21, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the judgment of the bankruptcy court that the plaintiff, Michael Rovell.
Nursing home's reassignment of worker to different wing of nursing home to accommodate employee's pregnancy restriction did not constitute voluntary undertaking for purposes of establishing a duty of care December 1999 Illinois Law Update, Page 636 On September 30, 1999, the fourth district of the Illinois Appellate Court affirmed the trial court's grant of summary judgment to the defendants, Walker Nursing Home, finding that the defendants owed plaintiff, Javette Brown (an employee of the nursing home).
Recreational Property and Injuries: ''Playing'' with Governmental Tort Immunity By W. Bradley Colwell December 1999 Article, Page 654 The trend, according to this author, is to expand the range of property deemed recreational and thus to expand immunity.
City did not have a duty to construct road medians to be safe for use by emergency road vehicles November 1999 Illinois Law Update, Page 575 On September 23, 1999, the Illinois Supreme Court affirmed the appellate court's decision that the city of Chicago did not have a duty to construct road medians to be safe for use by emergency road vehicles.
The Lawyer's Journal By Bonnie McGrath November 1999 Column, Page 570 Watch out, HMOs.
The Lawyer's Journal By Bonnie McGrath August 1999 Column, Page 402 Breach of fiduciary duty: A new application
Bungee-jumping business operating within view of highway owes no duty of care to passing motorists. May 1999 Illinois Law Update, Page 244 On March 19, 1999, the first district affirmed the holding of the Circuit Court of Cook County in this case, holding that the defendant owed no duty of care to passing motorists who may become distracted by the activities of its business.
Construction Negligence: Out from the Shadow of the Structural Work Act By Bruce M. Kohen and Darius H. Bozorgi January 1999 Article, Page 34 A look at construction negligence litigation in the post-Structural-Work-Act present and future.
Suing Your Pet Iguana: Equitable Apportionment, Indivisible Injury, and Comparative Fault By Gordon R. Broom and Robert J. Evola January 1999 Article, Page 28 The authors lament the confusion caused by courts' applying two conflicting theories of comparative fault: equitable apportionment and indivisible injury.
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