Publications

Articles on Negligence

Sued for the Policy That Wasn’t: Section 1983 Liability after Glisson

By Thomas A. Drysdale
July
2018
Article
Page 36
As long as an entity has given thought to a policy, it may be held liable for not enacting it if the policy would have prevented a plaintiff's injury. Introducing the wide-ranging implications of Glisson v. Indiana Department of Corrections.

Summary judgment affirmed when plaintiff’s testimony is inadmissible under the Dead Man’s Act and no other proof of negligence available

December
2016
Illinois Law Update
Page 16
The second district affirmed a summary judgment ruling for the defendant over the plaintiff's claims that the pleadings established a question of material fact.

The Challenge of Proving Negligent Spoliation in Illinois

By Joseph K. Nichele
September
2016
Article
Page 32
It's hard for plaintiffs to plead and prove claims for negligent spoliation of evidence. Here's why it's important - and difficult - for plaintiffs to establish a duty to preserve evidence.

Blaming the Patient: Medical Malpractice and Contributory Negligence

By Robert P. Vogt
June
2014
Article
Page 288
What constitutes contributory negligence in the med-mal context? This article explains the basics.

Temporary employee injured in office parking lot sustained injuries in the course of and arising out of her employment

January
2014
Illinois Law Update
Page 16
On November 14, 2013, the Illinois Appellate Court for the Fourth District held that a temporary employee who is assigned a parking space in a parking lot designated for employees, and is then injured in that parking lot on her way to work, has sustained injuries that arose in the course of and out of her employment.

Civil engineers’ duty of care defined by contractual obligation

By Helen W. Gunnarsson
March
2011
LawPulse
Page 118

Exceptions to open and obvious danger rule not on point for shopper injured on store property

February
2011
Illinois Law Update
Page 72
 On December 2, 2010, the Appellate Court of Illinois, Third District, upheld a decision of the Circuit Court of Tazewell County, finding no genuine issue of material fact as to whether the distraction or the deliberate-encounter exception to the open and obvious danger rule applied in the present case.

Dramshop Act does not block respondeat superior claim for employee drunk driving

November
2010
Illinois Law Update
Page 564
On August 18, 2010, the Appellate Court of Illinois, First District, overturned a grant of summary judgment by the Circuit Court of Cook County, finding that the Dramshop Act does not preempt claims based on legal theories independent from the defendant's provision of alcohol.

The Snow and Ice Removal Act does not provide immunity for injuries sustained on driveways

April
2010
Illinois Law Update
Page 180
On January 27, 2010, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Lake County, which granted the defendants' motion to dismiss the plaintiff's complaint.

Sports Injuries: High Liability Standard for Nonparticipants

By Ray Rossi
April
2010
Article
Page 200
In Illinois, nonparticipants (e.g., coaches and refs) in sporting events who cause injuries are liable only if their misconduct is at least willful and wanton.

Clarifications made to the contact sports exception to negligence claims

March
2010
Illinois Law Update
Page 128
On December 31, 2009, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Du Page County, which found that the contact sports exception to ordinary negligence claims applied to a trainer of an amateur hockey team.

Power company has a duty to respond to a downed power line with due care

November
2009
Illinois Law Update
Page 552
On August 27, 2009, the Illinois Appellate Court, Fourth District, reversed and remanded the grant of summary judgment by the Circuit Court of Cook County in favor of the defendant power company, finding that there was a genuine issue of material fact as to whether defendant breached its duty to the plaintiff to respond to a downed power line with due care.

Supreme Court: No “transferred negligence” between husband and wife

By Helen W. Gunnarsson
November
2009
LawPulse
Page 546
As a consequence, a woman's estate can't sue those who provided health care to her husband, who killed her.

The Duty to WARN Against Serious Injury: Can Plaintiffs Successfully Challenge Illinos’ Tough Standard?

By Eugene I. Pavalon and Harry C. Lee
October
2009
Article
Page 518
The authors argue that the Restatement of Torts may offer a way for plaintiffs to argue for a more expansive duty of defendants to warn.

CTA notice requirement eliminated

By Helen W. Gunnarsson
July
2009
LawPulse
Page 330
Plaintiff’s lawyers are cheering the removal of a notice requirement they say functioned “as a shield against unsuspecting plaintiffs” with legitimate claims against the CTA.

Evidence is insufficient to prove negligence if the conclusion is merely possible

June
2009
Illinois Law Update
Page 284
On April 1, 2009, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County which granted summary judgment for the defendants after concluding that no genuine issue of material fact existed to establish negligence on the part of the defendants.

The Ready answer: Settling Defendants’ Fault Can’t Be Used to Determine Joint Liability

By David E. Mueller and Jennifer L. Wolf
June
2009
Article
Page 294
The Illinois Supreme Court held in Ready that settling defendants are excluded from the joint-and-several-liability equation, leaving nonsettling defendants at risk of higher payout.

Victory for defendants in asbestos case

By Helen W. Gunnarsson
June
2009
LawPulse
Page 278
The Illinois Supreme Court allows defendants in asbestos cases to introduce evidence that someone else's negligence was the sole proximate cause of a plaintiff's injuries.

Plaintiff failed to prove reliance element of voluntary undertaking theory

February
2009
Illinois Law Update
Page 70
On December 2, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Rock Island County granting summary judgment for the defendant in a negligence action.

The Broad Duty to Protect Patrons from Harm: Marshall v Burger King

By Courtney Dashiell Lorentz
October
2008
Article
Page 524
The Illinois Supreme Court ruled that a restaurant owner has a duty to protect its patrons from an out-of-control car. So where does a premises owner's duty to the public end?

So You Want to Be a Personal Injury Lawyer?

By Helen W. Gunnarsson
October
2008
Cover Story
Page 508
How do you break into p.i. practice? Successful practitioners offer advice.

Negligent Spoliation in the Wake of Jones v O’Brien Tire and Battery

By Shane M. Carnine
September
2008
Article
Page 470
A recent appellate case arguably changes the requirements for a spoliation claim.

Dog Bites Man: Liability for Dog Attacks Under the Animal Control Act

By April Pruitt-Summers
August
2008
Article
Page 408
The Illinois Animal Control Act eliminates the "one bite" rule and makes other changes to the common law of dog attacks.

A veterinary standard of care

By Helen W. Gunnarsson
July
2008
LawPulse
Page 334
The court makes explicit that veterinarians are "skilled" practitioners of a "profession or trade" and thus owe a duty of care.

Use of Leased Land Act. PA 095-0603

April
2008
Illinois Law Update
Page 180
The General Assembly has created the State of Illinois Recreational Use of Leased Land Act. 

No duty to warn, Illinois high court holds

By Helen W. Gunnarsson
November
2007
LawPulse
Page 570
The court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B.

Admitted negligent acts properly presented to jury when relevant and necessary to plaintiff’s case

August
2007
Illinois Law Update
Page 404
On June 7, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of Jackson County allowing Michael Rath to present evidence of Carbondale Nursing and Rehabilitation Center's negligence despite the nursing home's admission of certain acts of negligence.

No duty to third parties for injuries resulting from theft of vehicle on private property

April
2007
Illinois Law Update
Page 176
On February 8, 2007, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County granting summary judgment to defendants Budget Rent-A-Car Systems, Inc. (Budget) and Ranger Security (Ranger). 

No governmental immunity for hazardous recreational activity

By Helen W. Gunnarsson
April
2007
LawPulse
Page 170
The tort immunity act offers no blanket immunity for trampolining and other hazardous recreational activities, the high court rules.

No per se liability exception to the risk-utility test when dangers are open and obvious

April
2007
Illinois Law Update
Page 176
On February 16, 2007, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the Circuit Court of Cook County's order of summary judgment for defendant Scripto-Tokai Corporation (Scripto).

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