Section Newsletters

Articles on Personal Injury

Child’s finger amputated and seventh circuit blames parents By Michael J. Maslanka General Practice, Solo, and Small Firm, September 2018 Roh v. Starbucks Corp. provides a substantive review of the law in Illinois pertaining to a child’s personal injury in a public place
General contractor not liable for injury to subcontractor’s employee By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, March 2018 In LePretre v. Lend Lease (US) Construction, Inc., the court examined when a general contractor may owe a duty to employees of subcontractors, and the facts that can give rise to such a duty.
Personal injury plaintiff cannot rely solely on expert opinion to create a question of fact on proximate causation By Stephanie Jones Bench and Bar, January 2018 Allen v. Cam Girls, LLC d/b/a Jazzercise Glenview, et al. is consistent with the long line of Illinois jurisprudence holding that a personal injury plaintiff bears the burden of proof on proximate causation, and speculation, conjecture, and guesswork are not sufficient to raise genuine issues of material fact on that element.
What does a personal injury plaintiff have to plead to seek punitive damages against a drunk driver? By Sean C. Burke Bench and Bar, April 2015 Given the recent decision in Farris v. Sullivan, when a drunk driver injures a plaintiff in a car crash and later pleads guilty to DUI, the plaintiff should be permitted to seek punitive damages at trial.
CASE NOTE: Segovia v. Romero – Subrogation in personal injury cases By Steven J. Fruth Tort Law, July 2014 A discussion of the likely effects of this recent case on subrogation and personal injury practice.
1 comment (Most recent July 20, 2014)
Falling down and proximate cause By Robert T. Park Civil Practice and Procedure, April 2014 The recent decision in Vertin v. Mau illustrates that in a premises liability claim, plaintiff must show the reason for a fall, not just that defendant might be to blame.
Bankruptcy issues relating to personal injury cases By Brett J. Swanson Commercial Banking, Collections, and Bankruptcy, August 2012 In the recent case of Berge v. Kuno Mader and DMG America, Inc., the First District found that the doctrine of judicial estoppel bars a plaintiff from proceeding with a cause of action in state court where the plaintiff fails to disclose the action as an asset in a bankruptcy petition.
Bankruptcy issues relating to personal injury cases By Brett J. Swanson Tort Law, May 2012 In the recent case of Berge v. Kuno Mader and DMG America, Inc., the First District found that the doctrine of judicial estoppel bars a plaintiff from proceeding with a cause of action in state court where the plaintiff fails to disclose the action as an asset in a bankruptcy petition.
1 comment (Most recent May 19, 2012)
Wrapping up the case: a primer By Angelica W. Wawrzynek Young Lawyers Division, December 2011 A how-to for finalizing your first personal injury case.
3 comments (Most recent December 19, 2011)
3rd District Appellate Court affirms $23 million personal injury jury verdict against broker C.H. Robinson By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2011 The Sperl v. C.H. Robinson Worldwide, Inc. decision is significant to the extent it holds broker Robinson responsible for the tort of a driver for one of its contracting carriers.
Admissibility of vehicle impact photographs By Timothy W. Kelly Tort Law, February 2010 The standard for the admissibility of photographs of a motor vehicle collision depicting minimal damage to the vehicles in a personal injury trial has been debated since the First District Appellate Court’s opinion inDicosola v. Bowman, 342 Ill. App. 3d 530 (1st Dist. 2003).
3 comments (Most recent February 19, 2010)
Case Note: Forsythe, et al. v. Clark USA, Inc. By Kevin T. Veugeler Tort Law, September 2009 In a case of first impression, the Illinois Supreme Court has recognized a cause of action against a parent company for the actions of its subsidiary that results in a workplace injury.
Brainlash: Be aware of this insidious disorder By Scott A. Berndtson Tort Law, June 2009 When you interview your next whiplash-injured client be alert for other latent problems resulting from a brainlash as well and what to do if they exist.
Choice of law in multi-state tort cases By Jeffrey A. Parness Civil Practice and Procedure, January 2009 Gregory v. Beazer East provides a useful reminder of basic choice-of-law principles, including depecage and the “factual contacts” test.
Redmond v. Socha: Inconsistent verdicts in personal injury cases By Maureen R. De Armond Civil Practice and Procedure, April 2006 Sometimes accidents just happen. So says the Illinois Supreme Court.
Practice alert: Supreme Court discusses admissibility of medical bills in P.I. cases By Patrick J. Hitpas General Practice, Solo, and Small Firm, December 2005 The Illinois Supreme Court has answered a question regarding the admissibility of medical bills for medical services provided to a plaintiff in a personal injury case.
Clients with no health insurance: A new way to help them get their medical bills paid By Michael J. Marovich Civil Practice and Procedure, November 2005 It is not uncommon, as a practicing Plaintiff’s personal injury attorney, to get a new client with catastrophic injuries and humongous medical bills.
“Aggravation of a preexisting condition” as a separate element of compensable damages By James F. McCluskey Civil Practice and Procedure, February 2005 The Illinois appellate courts have recently shown some disagreement on the question of whether "aggravation of a preexisting condition" is a separate compensable element of damages in a personal injury action.
Can a plaintiff climb out of the pothole issue? By Michael J. Marovich Civil Practice and Procedure, February 2005 Many personal injury cases involve situations in which a defendant claims that they lost control of their motor vehicle due to the fact that they struck a pothole in the street.
Life after Voykin v. Estate of DeBoer, a plaintiff’s perspective By Christopher M. Norem Tort Law, March 2004 Prior to the Illinois Supreme Court's holding in Voykin v. Estate of DeBoer, there was a significant split among the various state district courts on the so-called "same part of the body rule" (which presumed that a previous injury was automatically relevant simply because it was to the same part of the body) and how that affected the admissibility of evidence of prior injuries to the same part of a plaintiff's body.
Strategic use of vehicular damage evidence in personal injury litigation: An update By Michael J. Marovich Civil Practice and Procedure, January 2004 In the November 2002 Trial Briefs publication, I wrote an article regarding the strategic use of vehicular damage evidence in personal injury litigation.
Medical lienholders beware By Michael J. Marovich Civil Practice and Procedure, May 2003 Any plaintiff's personal injury attorney eventually will have to deal with a health insurance carrier's attempts to collect healthcare payments made on behalf of a personal injury victim from the proceeds of any settlement or judgment
Joinder of pending claims for injuries due to two or more accidents By Timothy E. Duggan General Practice, Solo, and Small Firm, August 1999 It is not uncommon to have a personal injury client who is injured in a second accident, or even a third accident, while the first claim is pending.

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