Publications

Articles on Negligence

Supreme court to streetside restaurants: keep patrons out of harm’s way

By Helen W. Gunnarsson
September
2006
LawPulse
Page 458
In Marshall v Burger King, the Illinois Supreme Court ruled that public businesses abutting the street have a duty to protect invitees from dangerous drivers.

Campground operator has no duty to warn of naturally accumulating walnuts

July
2006
Illinois Law Update
Page 334
On April 19, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Whiteside County, granting summary judgment to the defendant campground owner because she had neither a duty to keep the campground clear of fallen walnuts nor a duty to warn patrons of the danger posed by such walnuts.

Railroad operator liable for injury to frequent trespasser

May
2006
Illinois Law Update
Page 230
On March 10, 2006, the Illinois Appellate Court, First District, answered two certified questions posed by the Circuit Court of Cook County, regarding the liability of a railroad company to a trespasser. 

When supplying a title commitment, title insurers are not liable for economic loss or negligent misrepresentation

April
2006
Illinois Law Update
Page 174
On January 20, 2006, the Illinois Supreme Court affirmed the decision of both the Illinois Appellate Court, First District, and the Circuit Court of Cook County, granting the defendant's motion to dismiss with prejudice.

Trial Lawyers’ Top Opinions of 2005

By Hon. James P. Flannery Jr.
March
2006
Article
Page 122
From pre-trial notice requirements to spoliation of evidence, 2005 produced an array of Illinois cases of special interest to the trial bar.

Don’t Let the Open-and-Obvious “Distraction” Exception Swallow the Rule

By Beth C. Boggs and Douglas B. Keane
November
2005
Article
Page 578
The authors argue that some courts have unwisely expanded the"distraction"exception to the rule barring recovery for injury causedby an open and obvious danger.

The Open and Obvious Doctrine and Landowner Liability: The Rule and the Exceptions

By Jennifer E. Simms
July
2004
Article
Page 352
A discussion of the doctrine, its exception, and its applicability to children.

Cause of action recognized for negligent issuance of a life insurance policy based upon the proposed insured’s lack of knowledge and consent to the policy

April
2004
Illinois Law Update
Page 176
On January 23, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the circuit court's grant of the defendant's motion to dismiss.

Jumping on a trampoline poses open and obvious risks so there is no duty to warn

August
2002
Illinois Law Update
Page 402
On June 6, 2002, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, and concluded that it was proper to enter summary judgment on behalf of the defendants in this product liability case.

The Changing Contours of the Illinois Tort of Negligent Misrepresentation

By Matthew Sheynes
July
2002
Article
Page 362
Since the introduction of the Moorman doctrine, the pleading requirements for negligent misrepresentation have grown complicated. Here's a tour of the new legal landscape.

Pre- and post-delivery negligence allegations are part of a continuous series of events that meet the requirement for an identity in causes of action to dismiss suit under res judicata

June
2002
Illinois Law Update
Page 288
On April 3, 2002, the Appellate Court of Illinois, Second District, concluded that the plaintiff's suit was barred by the doctrine of res judicata because there was an identity of the causes of action in plaintiff's prior and present suits.

Claim brought pursuant to the Nursing Home Care Act need not comply with § 2-622 of the Code of Civil Procedure requiring a physician’s affidavit verifying the claim

December
2001
Illinois Law Update
Page 624
On September 26, 2001, the appellate court, fourth district, answered the certified question of whether the plaintiff's negligence claim brought pursuant to the Nursing Home Care Act (Act), 210 ILCS 45/3-601.

The Contact-Sports Exception Under Illinois Tort Law

By Bradley C. Nahrstadt and Matthew D. Kuehl
December
2001
Article
Page 640
Voluntary participants in contact sports aren't liable for injuries caused by their negligence;when the exception applies.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2001
Column
Page 282
Knock-off alert for real estate contract; new Supreme Court Rule 99; time is money, and thus compensable; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
May
2001
Column
Page 226
Arbitration clauses in employment contracts are enforceable; visit the Illinois Supreme Court Web site; and more.

Comparative Fault, Contribution, and Joint and Several Liability: An Agrument Against Reconciliation

By William R. Tapella II
December
2000
Article
Page 694
The courts and legislature should avoid pleas for false symmetry among the three, this author argues.

A pharmacist who knows that the prescribed drug is contraindicated for a patient with allergies has a duty to warn the patient or prescribing physician

December
2000
Illinois Law Update
Page 690
On September 29, 2000, the Second District of the Appellate Court of Illinois reversed the trial court's grant of summary judgment to the defendant on Happel's claim of negligence after she suffered anaphylactic shock resulting from a prescription filled by Wal-Mart's pharmacy.

De minimus nature of defect in sidewalk is not sufficient reason to grant summary judgment when injury was reasonably foreseeable

November
2000
Illinois Law Update
Page 624
On September 1, 2000, the second district of the Appellate Court of Illinois reversed the trial court's grant of summary judgment to the defendant, Old Kent Bank, on Harris' claim of negligence for injuries she sustained after tripping and falling on the sidewalk upon exiting the bank.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2000
Column
Page 434
You still have the right to remain silent; UPL and in-house counsel; and more.

Drawing the Boundaries of Negligent-Hiring Claims

By Jeffrey A. Blevins and Gregory J. Schroedter
July
2000
Article
Page 413
The first district recently held that negligent-hiring plaintiffs must show a nexus between the harm they suffered and the defendant's breach.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2000
Column
Page 378
Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.

Siderail Use and Legal Liability in Illinois Nursing Homes

By June A. Braun and Elizabeth Capezuti
June
2000
Article
Page 324
The authors argue that routine use of bed siderails is neither good for patients nor effective defensive medicine.

Exercise of control by employer over a contractor’s work may subject employer to liability

May
2000
Illinois Law Update
Page 252
On March 1, 2000, the Appellate Court of Illinois, Third District, reversed the circuit court's grant of summary judgment to Midwest Grain Products, a grain processing company defending against an ironworker's negligence suit arising from injuries sustained in a construction accident.

Plaintiff’s negligence in railroad accident does not prevent finding of negligence of defendant

March
2000
Illinois Law Update
Page 128
On December 22, 1999, the Second District Appellate Court overruled the summary judgment granted to the defendants by the circuit court of McHenry County.

Defendant who permitted recreational public use of its lands owed no duty of care

February
2000
Illinois Law Update
Page 68
On December 2, 1999, the Illinois Supreme Court affirmed the appellate court’s holding that Universities Research Association, Inc., was not liable for injuries suffered by plaintiff Donald Fraser.

Bank not guilty of negligent misrepresentation when plaintiff’s reliance on alleged statements by bank employee was unreasonable

December
1999
Illinois Law Update
Page 636
On October 21, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the judgment of the bankruptcy court that the plaintiff, Michael Rovell.

Nursing home’s reassignment of worker to different wing of nursing home to accommodate employee’s pregnancy restriction did not constitute voluntary undertaking for purposes of establishing a duty of care

December
1999
Illinois Law Update
Page 636
On September 30, 1999, the fourth district of the Illinois Appellate Court affirmed the trial court's grant of summary judgment to the defendants, Walker Nursing Home, finding that the defendants owed plaintiff, Javette Brown (an employee of the nursing home).

Recreational Property and Injuries: “Playing” with Governmental Tort Immunity

By W. Bradley Colwell
December
1999
Article
Page 654
The trend, according to this author, is to expand the range of property deemed recreational and thus to expand immunity.

City did not have a duty to construct road medians to be safe for use by emergency road vehicles

November
1999
Illinois Law Update
Page 575
On September 23, 1999, the Illinois Supreme Court affirmed the appellate court's decision that the city of Chicago did not have a duty to construct road medians to be safe for use by emergency road vehicles.

The Lawyer’s Journal

By Bonnie McGrath
November
1999
Column
Page 570
Watch out, HMOs.

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