Publications

Illinois Bar Journal
Articles on Tort Law

The De Minimus Rule for Premises-Liability Cases By Timothy J. Harris September 2001 Article, Page 485 The rule protecting property owners is being limited by exceptions.
Maintaining the proper alignment and surface of sidewalks is a non-delegable duty of the municipality, not the abutting landowner September 2001 Illinois Law Update, Page 454 On July 13, 2001, the Appellate Court of Illinois, Third District, affirmed the circuit court's order dismissing third-party defendant, Ryan Rowe.
Illinois Constitution prohibits insertion of “corrupt or malicious motives” exception into the Tort Immunity Act August 2001 Illinois Law Update, Page 398 On June 21, 2001, the Illinois Supreme Court reversed the lower court's holding that the common-law "corrupt or malicious motives" exception limited the immunity granted by the Tort Immunity Act, 745 ILCS 10/1-101 et seq, and that the village could be held liable in quasi-contract.
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 July 2001 Column, Page 338 Golfers in the (legal) news; capital punishment and the mentally retarded; and more.
No independent cause of action exists in tort for breach of duty of good faith and fair dealing or for tortious interference with business advantage July 2001 Illinois Law Update, Page 342 On May 24, 2001, the Illinois Supreme Court reversed the appellate court and held that no independent cause of action exists in tort for an alleged breach of an implied duty of good faith and fair dealing arising from a contract.
Court declines to impose social-host liability for alcohol-related death June 2001 Illinois Law Update, Page 286 On March 30, 2001, the Appellate Court of Illinois, First District, affirmed the lower court's finding that alcohol-related liability, including social-host liability, has been preempted by the passage of the Dramshop Act.
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.
Participation in race indicates assent to be bound by terms of release June 2001 Illinois Law Update, Page 286 On March 30, 2001, the seventh circuit affirmed the lower court's finding that a go-kart racer could be held to the terms of a release form which defendants could not produce.
Plugging a Hole in the Tort Immunity Act: The Emergency Vehicle Exception By David Stevens June 2001 Article, Page 296 The fifth appellate district stands alone in recognizing an exception to the Tort Immunity Act for emergency vehicles.
Section 2-109 of the Code of Civil Procedure does not violate the special legislation or equal protection clauses of the Illinois Constitution June 2001 Illinois Law Update, Page 286 On April 19, 2001, the Illinois Supreme Court reversed the circuit court's holding that § 2-109 of the Code of Civil Procedure violated the special legislation clause, Ill Const Art IV, § 13, and the right to equal protection, Ill Const Art I, § 2, guaranteed by the Illinois Constitution.
Goodbye to the “Same-Part-of-the-Body” Rule By Saul Ferris May 2001 Article, Page 261 A post-mortem of the Voykin case, which abrogated the rule.
Tort of retaliatory discharge does not extend to demotion March 2001 Illinois Law Update, Page 116 On December 29, 2000, the First District of the Appellate Court of Illinois held that the plaintiff employee's alleged demotion did not constitute "discharge" as required of a retaliatory discharge claim, and that Illinois does not recognize a cause of action for retaliatory demotion.
The Expanding Scope of HMO Liability in Illinois By Michelle M. Jochner February 2001 Article, Page 64 A review of three groundbreaking HMO liability cases that change the landscape of medical malpractice litigation.
Officer’s immunity defense depends on the reasonableness of his conduct February 2001 Illinois Law Update, Page 60 On December 8, 2000, the seventh circuit court of appeals reversed the district court's decision to set aside the jury's verdict in favor of Victor and Tre McNair, two brothers who had instituted a claim of excessive force against Officer Sean Coffey in violation of the Fourth Amendment.
Defending Transportation Cases: A Pretrial Preparation Primer By James F. McCluskey and E. Angelo Spyratos January 2001 Article, Page 41 Defense lawyers: think "trial" the minute you get a case.
Retained Experts’ Opinions in Medical Malpractice Cases By Terrence J. Lavin January 2001 Article, Page 39 Rule 213 pointers for med-mal lawyers.
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 November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
The Case for Making Pre-Impact Fear Compensable in Survival Actions By Jeffrey J. Kroll August 2000 Article, Page 462 The author argues that Illinois should follow other states and make pre-impact fear compensable.
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.
There must be common liability between the parties in a contribution claim July 2000 Illinois Law Update, Page 380 On May 18, 2000, the Illinois Supreme Court reversed the appellate court's decision by dismissing a fourth-party complaint for contribution that was based solely on contractual liability when the fourth-party defendants were not parties to the contract in dispute.
Zen and the Art of Motorcycle-Injury Litigation By Thomas M. Harris July 2000 Article, Page 409 Don't treat your motorcycle-injury suit like just another automobile case.
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.
Internet Torts and Cyberspace Insurance: New Issues for the E-conomy By Adam H. Fleischer May 2000 Article, Page 268 A review of new Internet-based theories of liability and the insurance-coverage issues raised by them.