Publications

Illinois Bar Journal
Articles on Tort Law

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.
The Lawyer’s Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?
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.
Correspondence from Our Readers December 1999 Column, Page 626 Discovery and computer data.
In malpractice action against local governmental entities, one-year limitation period of Tort Immunity Act applies December 1999 Illinois Law Update, Page 636 On October 21, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court that the one-year limitation period in the Tort Immunity Act (745 ILCS 10/8-101 et seq (West 1996)).
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).
Product Liability and Embedded Microprocessors: The Other Y2K Problem By Richard J. Rettberg and Kristin Dvorsky Tauras December 1999 Article, Page 648 Microprocessors are everywhere, not just in devices we normally think of as computers. Here's how Y2K might affect products containing embedded microprocessors and how litigators can respond.
The Lawyer’s Journal By Bonnie McGrath November 1999 Column, Page 570 Watch out, HMOs.
Civil Aiding and Abetting Liability in Illinois By Ronald M. Lepinskas October 1999 Article, Page 532 Long considered exclusively a criminal law concept, aiding and abetting is growing more important in civil litigation. Find out how.
Correspondence from Our Readers October 1999 Column, Page 510 No "apportion[ment] between preexisting conditions and a defendant's wrongful act''?
The Lawyer’s Journal By Bonnie McGrath October 1999 Column, Page 514 Insurance policies and the discovery rule; read the fine print.
Surviving parents of decedent may not maintain a wrongful death action where the decedent is survived by a spouse and no children. October 1999 Illinois Law Update, Page 521 On August 3, 1999, the Illinois Appellate Court affirmed the lower court finding that the plaintiff lacked standing to sue for wrongful death.
The Lawyer’s Journal By Bonnie McGrath September 1999 Column, Page 454 "Same part of the body'' rule update.
The Lawyer’s Journal By Bonnie McGrath August 1999 Column, Page 402 Breach of fiduciary duty: A new application
Plaintiff must show physical contact or threat of physical contact to recover for intentional infliction of emotional distress under the Federal Employers’ Liability Act August 1999 Illinois Law Update, Page 406 On June 17, 1999, the Illinois Supreme Court affirmed the appellate court decision that a plaintiff must plead and prove physical contact or a threat of physical contact to recover for intentional infliction of emotional distress under the Federal Employers' Liability Act (FELA).
Retaliatory demotion and constructive retaliatory discharge causes of action not recognized under Illinois law August 1999 Illinois Law Update, Page 406 On June 17, 1999, the first district of the Illinois Appellate Court upheld the trial court's dismissal of plaintiffs' complaint for failure to state a claim on which relief could be granted.
“Same Part of the Body Rule” Revised: Admissibility of Prior Injuries in PI Cases By Hon. Barbara A. McDonald August 1999 Article, Page 414 A critical look at recent cases modifying the rule that allows admission of prior injuries to the same part of the plaintiff's body.
Exclusion of Damage-Reducing Evidence in Injury Litigation By Roy C. Dripps July 1999 Article, Page 368 Here's how to exclude evidence that would tend to lessen damages if admitted.
The Lawyer’s Journal By Bonnie McGrath July 1999 Column, Page 348 Different rulings on the same-part-of-the-body rule.
Maximizing Damages in Soft-Tissue Injury Cases By Jeffrey J. Knoll July 1999 Article, Page 378 Proving damages in soft-tissue cases can be difficult. This article offers tips.
The amendment to the Nursing Home Care Act that repeals the right to treble damages applies retroactively to pending cases. June 1999 Illinois Law Update, Page 304 On April 15, 1999, the Illinois Supreme Court affirmed the appellate court and trial court, and held that the amendment to the Nursing Home Care Act (``Act'') (210 ILCS 45/3-602 (West 1996)) should be applied retroactively to prohibit the recovery of treble damages from a licensee to a facility resident.
The Lawyer’s Journal By Bonnie McGrath June 1999 Column, Page 298 Guilty but mentally ill'' passes constitutional muster
Monitoring E-mail in the Workplace: Employee Privacy and Employer Liability By Patrice S. Arend and Kathleen M. Holper June 1999 Article, Page 314 A look at issues that arise when employers monitor employee e-mail, and suggestions for developing a workplace e-mail policy.
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.
The Lawyer’s Journal By Bonnie McGrath May 1999 Column, Page 238 The high court revisits the single-subject rule.
The Lawyer’s Journal By Bonnie McGrath April 1999 Column, Page 186 Offer, acceptance, consideration, and criminal law.
Advising Employers About Wrongful Discharge Under Illinois Contract and Tort Law By David E. Krchak March 1999 Article, Page 160 A primer on wrongful discharge, with an emphasis on employee handbooks and retaliatory discharge.
An attorney discharged by his law firm employer has no remedy of an action for retaliatory discharge March 1999 Illinois Law Update, Page 130 On December 31, 1998, the Illinois Supreme Court reversed the appellate court and circuit court, and answered a certified question by the circuit court, holding that a licensed attorney employed by a law firm cannot maintain a cause of action for retaliatory discharge.
Disclosure of one’s credit card debts to a spouse does not satisfy the publicity element essential to an invasion of privacy claim March 1999 Illinois Law Update, Page 130 On January 4, 1999, the first district of the Illinois Appellate Court affirmed the holding of the Circuit Court of Cook County, finding that the plaintiff had not satisfied his invasion of privacy claim.
The Lawyer’s Journal By Bonnie McGrath February 1999 Column, Page 70 No retaliatory discharge claims for whistle-blowing lawyers...