The newsletter of the ISBA’s Section on Tort Law
Browse articles by year: 2015 (4)
Newsletter articles from 1999
Beware the empty chair
One of the most troubling aspects of trying malpractice cases on behalf of injured patients is the specter of what is commonly known as the "empty chair defense."
Our first article is written by Cook County Circuit Court Associate Judges Daniel T. Gillespie and Mary K. Rochford.
Our first article is by section council member Scott B. Gibson, Scott B. Gibson, Ltd., Waukegan, Illinois. Mr. Gibson represented the plaintiff in Henrich v. Libertyville High School, et al.
The first article, by section council member Charles Winkler, Winkler and Gorey, Ltd., discusses the new amended CTA notice requirement.
Letters to editor
The article in the January Tort Trends captioned "High-low Deals: In Vogue or In Trouble?" did a good job of taking up a timely and important topic.
Lost chance—Appellate court development
Until Holton v. Memorial Hospital, 176 Ill.2d 95, 223 Ill.Dec. 429, 679 N.E.2d 1202 (1997), the status of the lost chance doctrine in Illinois was unclear. Holton laid the ground work for acceptance of the doctrine by eliminating the need for statistical evidence to prove proximate cause.
Obtaining leave of court to pursue punitive damage claim
A plaintiff who wishes to plead a claim for punitive damages in actions under Illinois law involving bodily injury or property damages based on negligence or product liability must first obtain leave of court.
Punitive damages and the corporate complicity rule
It has long been established in Illinois that punitive damages may be awarded when torts are committed with fraud, actual malice, deliberate violence or oppression, or when a defendant has acted willfully or with such gross negligence as to indicate a wanton disregard for the rights of others.
Trial and error
The following is a trial memorandum filed in a case I tried last month in Lake County.