Illinois Appellate Court
Civil Court
Legal Malpractice
Court entered order denying Defendants' motion to dismiss and strike portions of legal malpractice complaint requesting reimbursement for punitive damages Plaintiff allege they would not have had to incur absent Defendants' negligence. Illinois' public policy on punitive damages and/or the statutory prohibition on punitive damages found in Section 2-1115 of Code of Civil Procedure does not bar recovery of incurred punitive damages in a legal malpractice case where the client alleges that, but for the negligence of the attorney in the underlying case, the jury would have returned a verdict awarding either no punitive damages or punitive damages in a lesser sum. (BOIE and BARBERIS, concurring.)