Articles on Tort Law

Condition vs. Creation? Determining Which Jury Instructions to Use in a Negligence Case Against a Landowner By Judge Eileen Marie O’Connor Tort Law, January 2024 An overview of the development and changes to Illinois premises liability law, beginning with the adoption of the Restatement (Second) of Torts, and finishing with a discussion of the law’s practical application at trial.
Key Distinctions Between Illinois’ Discovery and Evidence Depositions By Gregory R. Jones Tort Law, January 2024 An analysis of the key distinctions between discovery depositions and evidentiary depositions in Illinois civil practice.
Expert Opinions and Proximate Cause—‘Might’ or ‘Could Have’ Testimony By Brion Doherty Tort Law, December 2023 Summaries of two recent cases that speak to the fact that we cannot always say with certainty what caused a person's injury.
Mass Tort Lawsuits By Judith Conway Tort Law, December 2023 Seven practice tips to keep in mind when handling mass tort lawsuits.
Not All Foreign Language Interpreters are the Same By Federico M. Rodriguez Tort Law, December 2023 Although hiring an interpreter for a deposition or working with the one provided for a court hearing appears to be a simple transactional endeavor, there are several common misconceptions.
Diligence in Service of Process: An Overview and the Impact of Tendering a Waiver By Mark Benfield & Melvin Stevens Tort Law, October 2023 A plaintiff who fails to exercise reasonable diligence in serving the defendant may have their case dismissed.
Inhuman Error: Autonomous Vehicle Liability By Michael Alkaraki Tort Law, October 2023 As advanced driver-assistance system technology continues to evolve and operate more regularly on public roads, assigning responsibility and legal liability for harms and losses between and among manufacturers, operators, and drivers will become correspondingly more complex and fact specific.
In Wake of Seventh Circuit Ruling, Freight Brokers Sleep Easier By Nicholas A. Sandowski & Robert M. Burke Young Lawyers Division, September 2023 The appellate court recently issued an opinion with profound implications for freight brokers facing tort litigation.
Duty or Not…That Is the Question By Albert E. Durkin, Florina Bandula, & Lee Smith, III Tort Law, April 2023 Slanger v. Advanced Urgent Care, et al. is a reminder that “duty of care” is not as cut and dried as tort law professors teach students in law school.
Use of Emotional Distress Instruction By Nicholas T. Motherway Tort Law, April 2023 In at least the past 20 years it is established that emotional distress is a proper element of damages in all personal torts and no expert evidence is needed to prove emotional distress.
Clanton v. Oakbrook Healthcare: First District Finds Explicit Language of Contract Renders Arbitration Clause Unenforceable Following Death of Resident By Laura Castagna Tort Law, February 2023 A summary and analysis of Clanton v. Oakbrook Healthcare, which arose from circumstances involving the neglect and wrongful death of a nursing home resident.
Premises Liability: Tort Liability of Installer By Brion W. Doherty Tort Law, February 2023 From time to time, a person or company that installs products at a premises will install them in a form or fashion that renders the premises dangerous.
Truck Crashes on the Rise By Pamela Sakowicz Menaker Tort Law, February 2023 An overview of a November 2022 Center for Justice & Democracy study, which examines the concerns of the trucking industry.
Evidence of the Inability to have Children in a Wrongful Death Claim Involving the Loss of a Child By Jeffrey A. Schulkin & Haadee M. Siddiqui Tort Law, January 2023 Given the 2007 amendment to the Wrongful Death Act, evidence that parents are unable to have any children should be relevant and admissible as evidence in support of their grief, sorrow, and mental anguish when they are pursuing a claim for the loss of a child.
Confusing Duty and Breach of Duty in Motion Practice By Dennis M. Lynch Tort Law, October 2022 Motions to dismiss and motions for summary judgment often confuse and conflate the issue of duty and breach of duty in an attempt to rob a factual question—breach of duty—from the jury by dressing it as a legal question—duty.
Medical Malpractice Period of Limitations: Tolling in Cases of Disability By Mark Benfield & Stephen Lane Tort Law, October 2022 The period of limitations for medical malpractice cases is set forth in 735 ILCS 5/13-212, which generally provides a two-year statute of limitations and four-year statute of repose.
Expert Witness Standards? Section 8-2501 and the Purtill Test By Mark Benfield & Sam Brolley Tort Law, September 2022 An analysis of the evolution of section 8-2501 of the Code of Civil Procedure in conjunction with the Purtill line of cases.
Negligent Security Claims Against a Landlord, Property Manager, and/or Security Company By Brion W. Doherty Tort Law, September 2022 Third-party criminal attacks are generally not something for which an owner, operator, or security company will be liable, however, this general rule has limitations that require examination when investigating such cases.
Pleading and Proving Negligent Entrustment Causes of Action By Richard L. Pullano Tort Law, February 2022 An instructive overview of pleading and proving a negligent entrustment action in Illinois.
Res Judicata and Voluntary Dismissal By Mark Benfield & Sam Brolley Tort Law, February 2022 An examination of the application of res judicata when one of the claims in a cause of action is dismissed with prejudice and others are subsequently dismissed without prejudice. 
A Primer on Illinois Prejudgment Interest By Jason G. Schutte Tort Law, January 2022 A summary of the recently enacted Public Act 102-6, which expands prejudgment interest in the state of Illinois.
Verci v. High: Roadmap for Attacking a Medical Billing Expert With Opinions Based on Big Data By Jason Schutte Tort Law, May 2021 A summary and analysis of Verci v. High, a personal injury case wherein plaintiff asserted that she was injured as a result of the negligence of the defendants.
Case Note: State Farm Mutual Automobile Insurance Co. v. Elmore By George Leynaud Tort Law, April 2021 A summary and analysis of the appellate court’s decision in the case of State Farm Mutual Insurance Co. v. Elmore, which held that under State Farm’s definition of the term “mechanical device,” liability coverage would be afforded only for injuries arising when grain is unloaded from the insured truck by hand or by a hand truck. 
Illinois Plaintiff as Bystander Cases By Greg Patricoski & Jennie Christensen Tort Law, March 2020 An analysis of how damages are awarded in “plaintiff as bystander” cases where the plaintiff did not incur severe physical injury but suffers an emotional disturbance as the result of negligent physical contact.
There is no bright line test for the admissibility of alcohol in a civil case By Daniel O’Brien Tort Law, January 2019 Alcohol is one of the most prejudicial pieces of evidence that can be inserted into any matter, and there is no bright line rule for its admissibility.
Look closer at that healthcare lien for unpaid bills when a client has health insurance By Nicholas T. Motherway Tort Law, December 2018 Although receiving a healthcare lien for a client's treatment can become routine, it is important to make sure to take a look at whether the underlying bill on the lien was paid. 
Appellate court confirms importance of Dead Man’s Act in surviving litigation By Jason G. Schutte Tort Law, November 2018 The Dead Man’s Act can be a very effective tool in defending personal injury claims. In Spencer v. Strenger Wayne, it was used to wholly defeat a negligence case.
Premises liability: Open and obvious claims By Brion W. Doherty Tort Law, November 2018 In cases involving a dangerous condition that is arguably open and obvious, a plaintiff must be able to clearly delineate the circumstances under which the plaintiff encountered the condition in a way that will create a question of fact about whether or not it was reasonable, under the circumstances, to appreciate the dangerous condition.
Informed consent is determined by prudent person standard, expert testimony not required By Jason G. Schutte Tort Law, September 2017 Illinois Fourth District clarifies apparent conflicting opinions on whether informed consent medical malpractice claim is determined by objective or subjective person standard.
The Seventh Circuit rejects plaintiff’s cancer causation theory By Robert H. Riley & Brian O. Watson Bench and Bar, September 2017 The Seventh Circuit recently rejected the plaintiff’s expert’s causation theory that “each and every exposure” or the “cumulative exposure” may satisfy the plaintiff’s causation burden.

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