Illinois Bar Journal

Articles on Tort Law

Class barred from recovering cost of mandatory lead screening under conspiracy claim 

August
2020
Illinois Law Update
Page 14
On May 21, 2020, the Illinois Supreme Court reversed the judgment of the First District of the Illinois Appellate Court by holding that plaintiffs who do not suffer an economic loss cannot maintain a tort action based on a claim that solely alleges an economic injury.

Will the Real Independent Contractor Please Stand Up?

By Gregory R. Jones
July
2020
Article
Page 44
Examining the concept of retained control.

Can Asbestos Ever Be Mitigated From Illinois Courts?

By Craig T. Liljestrand
March
2020
Article
Page 42
For personal jurisdiction and asbestos litigation, recent rulings may illuminate asbestos’ pathway out of the Land of Lincoln.

Municipal defendant not immune from liability when acts leading to injury did not result from discretionary or policy decisions of employees 

March
2020
Illinois Law Update
Page 20
The Illinois Supreme Court considered the issue of whether a defendant sufficiently established immunity under the Local Governmental and Governmental Employees Tort Immunity Act.

A Picture Is Worth a Thousand Words

By Arlo Walsman
February
2020
Article
Page 34
The Illinois Supreme Court clarifies the law regarding the admissibility of photographs of vehicles after accidents in personal injury cases.

Court correct in barring reduced medical treatment testimony and issuing punitive-damage award

December
2019
Illinois Law Update
Page 16
Plaintiffs were awarded $19.155 million, plus $35 million in punitive damages, following a jury trial for injuries sustained in a rear-ender vehicular accident in Indiana.

Tort Immunity Act does not apply to city board of education’s failure to communicate risk of violence to event host where student was shot

December
2019
Illinois Law Update
Page 16
The plaintiff filed a wrongful death and survival action after her 17-year-old son was fatally shot in the parking lot of a university’s arena after a high school basketball game there.

Plaintiff must be legally parked to be an “intended user” of the street

July
2019
Illinois Law Update
Page 16
A plaintiff suing the City of Chicago was denied recovery for injuries she suffered for falling into a five-foot-long pothole. Because she parked the back one-third of her car in a no-parking zone, she was not an “intended and permitted user” of the street.

GE May Bring Good Things to Life, but It Does Not Bring Personal Jurisdiction in Illinois

By Eric J. Muñoz
April
2019
Article
Page 40
Attorneys would be well-served to appreciate the implications of an important legal trend in personal jurisdiction caselaw and be prepared to incorporate these developments into their practice.

Plaintiff failed to provide evidence that faulty gutter caused icicles and ice to form

January
2019
Illinois Law Update
Page 16
In order to sustain a premises liability lawsuit based upon an unnatural accumulation of ice, a plaintiff must provide evidence that the condition was caused by the defendant and that the defendant knew of the dangerous condition.

Remove or Remain? Trying Asbestos in Illinois

By Cameron Turner & Sean Phillips
December
2018
Article
Page 38
Parties in Illinois asbestos cases must routinely consider forum non conveniens and foreign law issues. Here is what they need to consider when comparing Illinois with other venues.

No remittitur in personal injury trial when jury found willful and wanton conduct based on negligent hiring theory

October
2018
Illinois Law Update
Page 18
On June 28, 2018, the First District Appellate Court of Illinois held that given evidence as to management, reduction of safety managers, overtime hours, and prior OSHA violations, the plaintiff sufficiently established proximate cause in a willful and wanton conduct personal injury claim based upon a negligent hiring theory.

Recovering Medical Expenses from a Child’s Lawsuit

By Hon. Janet Adams Brosnahan
September
2018
Article
Page 32
A minor's personal injury recovery is subject to the valid liens of health care providers. To recoup a minor's medical expenses, you must properly plead your client's claim.

Recovering for Your P.I. Client Despite Insurance Company Insolvency

By William P. Schmitz Jr.
May
2018
Article
Page 32
The company insuring the defendant in your client's lawsuit has filed for bankruptcy - now what? This article describes important steps to take to assure your client's recovery.

Park district protected by Tort Immunity Act for crack in trail pavement

March
2018
Illinois Law Update
Page 24
Plaintiff was bicycling on Lakefront Trail, a shared-use path along the shore of Lake Michigan, when his front wheel got caught in a crack in the pavement. He fell and was injured.

Chicago Park District not liable for bike accident on Lakefront Trail

By Matthew Hector
February
2018
LawPulse
Page 12
The Illinois Supreme Court ruled that a bicyclist who fell because of a crack in Chicago's Lakefront Trail had not shown the park district was guilty of willful and wanton conduct.

Illinois leads the pack in dog-bite claims

By Matthew Hector
June
2017
LawPulse
Page 12
State Farm paid out $14 million for dog-related claims in Illinois in 2016, second only to California. The Illinois Animal Control Act is part of the reason why.

No willful and wanton conduct in physical education class injury

June
2017
Illinois Law Update
Page 18
On March 23, 2017, the Illinois Supreme Court affirmed a directed verdict in favor of defendants on supervisory immunity, holding there was no willful and wanton conduct involved in a school injury.

From the Newsletters - High Court Limits Liability Limits

May
2017
Article
Page 39
Landowners are protected by statute against suits for negligent snow removal, but the liability shield doesn't extend to everything snow and ice related, the Illinois Supreme Court rules.

Pitfalls in Proving Proximate Cause

By Judge James M. Varga
April
2017
Article
Page 44
A p.i. plaintiff's path to proving proximate cause is rarely a cakewalk. Other possible causes and potential tortfeasors pose challenges for plaintiffs and create opportunities for defendants.

Trial court properly ruled on summary judgment for city where plaintiff failed to establish constructive notice of parkway’s defective condition

March
2017
Illinois Law Update
Page 28
Plaintiff's suit for negligent property maintenance was properly decided by the trial court on summary judgment because no genuine issue of fact existed since plaintiff failed to satisfy the burden of proving constructive notice.

‘Direct impact’ still required in claims for negligent infliction of emotional distress

By Matthew Hector
February
2017
LawPulse
Page 14
The Illinois Supreme Court rules that a direct victim suing for negligent infliction of emotional distress must allege physical impact, surprising those who thought the rule had been abrogated.

Residential property owners can be liable for injuries sustained on icy sidewalks if ice resulted from negligent maintenance

February
2017
Illinois Law Update
Page 20
The Snow and Ice Removal Act (745 ILCS 75/0.01 et seq.) does not immunize property owners from claims of liability for injuries allegedly caused by icy sidewalks due to an otherwise negligent failure to maintain the premises or premise defects.

New law addresses limitations on liability for service providers who remove snow and ice for private parties

January
2017
Illinois Law Update
Page 20
With no retroactive effect, the Snow Removal Service Liability Limitation Act aims to void contracts that are deemed against public policy for indemnifying service providers who remove snow and ice for private parties.

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.

Litigating Sports Brain Injuries: The New Ball Game

By Owen Blood & John-Michael Poerretta
June
2016
Article
Page 28
As public concern over concussions in sports grows, lawsuits and legislation addressing the issue are springing up in Illinois and around the country.

Medical Bills in Illinois - What’s ‘Fair and Reasonable’?

By Thomas N. Osran
May
2016
Article
Page 30
Only "fair and reasonable" medical bills are admissible as evidence in Illinois. But what does that mean in a world where hospitals and doctors charge far more than they routinely accept?

High court abandons the ‘public duty rule’

By Matthew Hector
March
2016
LawPulse
Page 20
The supreme court recently abolished the "public duty rule," which held that fire departments and like entities owed no duty of care to provide services.

A Proposal to Revise Verdict Forms for Contribution and Apportionment

By Hon. Donald J. O’Brien Jr. & Cadence Tuttle
March
2016
Article
Page 46
The authors argue that among other shortcomings, verdict forms for contribution and apportionment of liability in tort cases fail to account for a fundamental reality: contribution is a defendant's right, not the plaintiff's.

Understanding Wrongful Death and Survival Actions

By Frank Andreano
October
2015
Article
Page 30
Though the terms are sometimes used interchangeably, wrongful death and survival actions are anything but identical. Failing to understand the differences can cost you and your client.

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