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Tort LawThe newsletter of the ISBA’s Section on Tort Law

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Newsletter articles from 2007

Can a contract be enforced against a third-party beneficiary? By Timothy J. Londrigan April 2007 Recently, the Fourth District Appellate Court addressed the issue of whether a contractual claim for subrogation could be enforced against a passenger in an automobile whose medical bills were paid out of the driver’s medical pay insurance policy, in American Family Group v. Cleveland, 356 Ill.App.3d 945, 827 N.E.2d 490 (4th Dist. 2005).
Cross-examination of a medical expert witness regarding the expert’s personal opinion or personal practice By John M. Stalmack July 2007 In a medical negligence action in which expert testimony is required to meet the burden of proof, the expert must establish the standard of care.
Editor’s note By John L. Nisivaco July 2007 The first article of this edition is written by John Stalmack. Mr. Stalmack’s article discusses the cross examination of a medical expert’s personal opinion or personal practice.
Editor’s note By John L. Nisivaco April 2007 The first article of this edition, written by Martin Glink, discusses the Illinois Supreme Court’s opinion in York v. Rush Presbyterian regarding apparent agency. Mr. Glink provides a thorough description of the facts of the case and a detailed explanation of the Court’s analysis and decision.
Editor’s note By John L. Nisivaco March 2007 The first article of this edition, written by Yvonne M. O’Connor, discusses the Illinois Supreme Court’s decision in Marshall v. Burger King, 222 Ill.2d 422, 305 Ill.Dec. 897, 856 N.E.2d 1048 (Ill. 2006).
Landowners may have more duties to the public than they think By Yvonne M. O’Connor March 2007 The case of Marshall v. Burger King involved a negligence action brought by the estate of Detroy Marshall III, who was killed while eating at a Burger King restaurant when a car crashed through the wall of the restaurant.
Production of financial records by a Supreme Court Rule 213(f)(3) Expert Witnesses By Albert E. Durkin July 2007 The Illinois Appellate Courts have not created a bright line rule as to whether production of extrinsic evidence to support financial claims made by expert witnesses should be required, although this issue has been hotly litigated elsewhere.
Use of literature at trial: “Authoritative” is not the only magic word By Scott D. Lane March 2007 Presently, literature such as treatises, journals, and articles are inadmissible as substantive evidence in Illinois courts. Basically, literature can be used for two purposes.
York v. Rush Presbyterian St. Luke’s Medical Center—Apparent agency revisited and refined By Martin L. Glink April 2007 Shortly before retiring from her illustrious career, Justice Mary Ann McMorrow authored the opinion in York v. Rush Presbyterian St. Luke’s Medical Center, addressing the doctrine of apparent agency.