Subject Index Tort Law

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.
1 comment (Most recent September 21, 2018)

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.
2 comments (Most recent June 30, 2016)

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.
1 comment (Most recent March 3, 2016)

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.

Don’t let opponents bury their own experts’ testimony

September
2015
Article
, Page 22
Use the "missing witness" jury instruction to smoke out helpful testimony by your opponent's expert.

Pointers for Proving Future Damages

By Judge James M. Varga
August
2015
Article
, Page 40
To successfully argue for or against future damages, lawyers must understand the meaning of "reasonable degree of medical certainty" and know when expert testimony is and isn't required.

Suicide remains an unforeseeable event that breaks the causal chain in an intentional tort

August
2015
Illinois Law Update
, Page 16
On May 21, 2015, the Illinois Supreme Court affirmed the general rule that, as a matter of law, suicide is an unforeseeable event that breaks the causal chain in both negligent and intentional torts

Navigating Concurrent Personal Injury and Divorce Cases

By Michael Alkaraki & Andrew Vaughn
July
2015
Article
, Page 32
Lawyers representing clients who are both divorcing and bringing a p.i. claim should work together.
1 comment (Most recent June 27, 2015)

Slips, Falls, and the Natural Accumulation Rule

By Jason G. Schutte & Eric Waldman
June
2015
Article
, Page 28
Owners are not liable for falls caused by a natural accumulation of ice, snow, or water on their property. But what is a "natural accumulation"? This article looks at the law.

A Guide to the Loss of Chance Doctrine in Illinois

By Jason L. Hortenstine
February
2015
Article
, Page 26
This overview of the loss of chance doctrine discusses applicable IPI Instructions, looks at recent precedent, and offers practice tips.

The ‘Seller’s Exception’ Defense to Product Liability Actions

By Nicholas Owen McCann
January
2015
Article
, Page 40
Retailers and other nonmanufacturers in Illinois can seek dismissal under the so-called "seller's exception" to strict products liability. Here's how it works.

Merely looking elsewhere does not satisfy the distraction exception to the open and obvious rule

December
2014
Illinois Law Update
, Page 572
On September 18, 2014, the Illinois Supreme Court held that a woman who tripped on a sidewalk crack while looking ahead to her destination did not satisfy the distraction exception to the general rule that premises owners are not liable for harm caused by open and obvious dangerous conditions.

Tort legislation medley

By Matthew Hector
October
2014
LawPulse
, Page 466
The governor recently signed laws affecting UI/UIM arbitration, statutes of limitations for disabled plaintiffs, and service of process in gated communities.

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.

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