Publications

Section Newsletter Articles on Negligence

Prenatal drug use: Functionalistic vs. formalistic approaches By Heather A. Abell Women and the Law, June 2013 Will a mother’s prenatal drug use result in a finding of child abuse or neglect once the fetus is born?
Jablonski v. Ford: Is the Illinois Supreme Court crafting a new approach to duty analysis and proof in negligent-product-design cases? By George S. Bellas and A. Patrick Andes Bench and Bar, April 2012 The Supreme Court’s transition from Calles to Jablonski suggests that in negligent-product-design claims specifically and in products liability litigation generally, the Illinois Supreme Court may not yet be restricting duty analysis solely to the risk-utility test but has incorporated the consumer expectation test as a factor into the risk-utility test.
Jablonski v. Ford: Is the Illinois Supreme Court crafting a new approach to duty analysis and proof in negligent-product-design cases? By George S. Bellas and A. Patrick Andes Tort Law, March 2012 The Illinois Supreme Court's recent decision in Jablonski et al. v. Ford Motor Co. appears to illustrate a shift in how Illinois courts are deciding cases involving negligent-product-design claims.
Evidence of negligence may not preclude summary judgment in an unavoidable accident By Kimberly L. Dahlen Civil Practice and Procedure, March 2009 The court found that the trial court’s granting of summary judgment for the defendants was proper.
Seventh Circuit finds driver’s own negligence defeated her claims against logistics company and shipper By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2009 The United States Court of Appeals for the Seventh Circuit in Chicago has rejected a truck driver’s personal injury claim against a logistics company and a shipper in Camp v. TNT Logistics Corporation.
Liability for common bile duct injuries—Measure twice, cut once By William A. Cirignani Tort Law, April 2008 This article is designed to help someone new to bile-duct injury cases understand the medicine, and the theories of liability underlying such claims.
Tedrick v. Community Resource Center Inc. & the theory of transferred negligence in medical negligence actions By John J. Driscoll Civil Practice and Procedure, January 2008 In Tedrick v. Community Resource Center Inc., et al., the Fifth District Appellate Court recognized a legal duty in a medical negligence action based upon the theories of voluntary undertaking and transferred negligence where Plaintiff-decedent was killed by her mentally ill husband while he was under the psychiatric care of Defendant health care providers.