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Newsletter articles from 2010
Admissibility of vehicle impact photographs
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).
Condition, cause AND foreseeability
When an attorney is faced with questions as to when conduct is a cause and when it is only a condition, close attention must be paid to a plaintiff’s conduct.
An introduction to the issue from Editor John L. Nisivaco.
An introduction to this issue from editor John Nisivaco.
Thank you to all of the contributors. The articles are excellent and we hope you find the materials helpful.
This edition’s article, written by Daniel Wurl, provides an in-depth discussion of the confusion surrounding the Supreme Court Committee’s current, revised version of Illinois Pattern Instruction Civil No. 105.01, which defines the duty owed by professionals for claims of professional negligence.
An introduction to this issue from the newsletter's editor.
Shared interest negotiation
A good agreement is one that is efficient, improves or at least does not damage the relationship, and meets the bona fide interests of each party.
Tort immunity in medical malpractice cases
Public entities and public employees are immune from allegations of failure to diagnose and misdiagnosis, as well as allegations of failure to perform adequate exams (but not for improper treatment after diagnosis).
What hath Hudson wrought?
If you decide that you must take a voluntary dismissal in the face of a prior dismissal on the merits of some claim in your suit, an Agreed Order of voluntary dismissal should reference Hudson and state that the defendants are waiving the res judicata defense should plaintiff decide to refile.