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

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Newsletter articles from 2010

Admissibility of vehicle impact photographs By Timothy W. Kelly 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).
Condition, cause AND foreseeability By Albert E. Durkin April 2010 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.
Editor’s note By John L. Nisivaco September 2010 An introduction to the issue from Editor John L. Nisivaco.
Editor’s note By John L. Nisivaco April 2010 An introduction to this issue from editor John Nisivaco.
Editor’s note By John L. Nisivaco February 2010 Thank you to all of the contributors. The articles are excellent and we hope you find the materials helpful.
Editor’s note By John L. Nisivaco January 2010 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.
Editor’s notes By John L. Nisivaco March 2010 An introduction to this issue from the newsletter's editor.
The importance of set-offs for un/underinsured arbitrations By James K. Theisen and James F. McCluskey September 2010 Play it safe—always bring the set-off issue to the attention of the arbitrators during the arbitration.
IPI No. 105.01: Did the Supreme Court Committee fix it or break what wasn’t broken? By Daniel P. Wurl January 2010 A look at the reasons for the revisions made to the IPI 105.01 by the Supreme Court Committee, the appellate court decisions on which the Committee relied for the revisions, and the four appellate court cases that have addressed IPI 105.01 since the 2006 revisions were made.
A procedural look at the exclusive remedy defense By Kingshuk K. Roy September 2010 A brief overview of the exclusive remedy defense and its procedural application in light of the recent Fifth District decision of Reed v. White.
Recovering the value of “free” caretaking by an adult’s parents By Dennis M. Lynch March 2010 A tortfeasor cannot seek to shirk responsibility for caretaking services because the caretaking was provided by the adult’s parents, and not by some third party.
Shared interest negotiation By Hon. Bruno J. Tassone March 2010 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 By Thomas Q. Keefe III and Thomas Q. Keefe Jr. February 2010 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? By Patricia A. Zimmer April 2010 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.