Publications

Illinois Bar Journal

 

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Articles on Tort Law

Legal Immunities for Local Governments in Public Health Emergencies By Christina Marie Webb June 2010 Article, Page 314 A brief review of immunities available to local governments, governmental employees, and volunteers if they're sued for conduct arising from public health emergencies.
The common-fund doctrine applies to hospital liens May 2010 Illinois Law Update, Page 236 On March 4, 2010, the Appellate Court of Illinois, Fifth District, upheld a decision of the Circuit Court of Williamson County finding that the common-fund doctrine applied to hospitals' statutory liens filed pursuant to the Health Care Services Liens Act. 770 ILCS 23/1 et seq.
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.
Analyzing Occurrences in Insurance Coverage Cases: The Cause Theory After Addison v Fay By Ross B. Edwards March 2010 Article, Page 152 When does an incident involving multiple parts or parties constitute only a single "occurrence" for insurance-coverage purposes? Read what the Illinois Supreme Court said recently.
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.
Illinois Supreme Court: statutory med-mal caps are unconstitutional By Helen W. Gunnarsson March 2010 LawPulse, Page 122 By overriding juries' findings and judicial oversight over them, the caps law violated the separation of powers, the court ruled.
Tort Law Resources for Illinois Practitioners By Tom Gaylord March 2010 Column, Page 156 Illinois tort law gets the full treatment in secondary sources.
Amended CCP section 13-202.2(b) cannot be applied retroactively to resuscitate previously barred claims February 2010 Illinois Law Update, Page 72 On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.
Federal courts have jurisdiction over legal malpractice claims in patent infringement cases January 2010 Illinois Law Update, Page 16 On November 10, 2009, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County finding, in a legal malpractice suit, that the contingent fee arrangement between the parties was not void, and that jurisdiction over the malpractice claim rested exclusively with the federal courts. 
Medicare and Future Medical Expenses: Does the “Super Lien” Apply? By Bradford J. Peterson January 2010 Article, Page 26 It's common to accommodate Medicare liens in personal injury liability claims. But must litigants also protect Medicare from future medical expenses? The author explores the issue.
Defendants may owe a duty of care to a child injured on a treadmill December 2009 Illinois Law Update, Page 604 On September 30, 2009, the Illinois Appellate Court, First District, reversed and remanded the order of the Circuit Court of Cook County, granting summary judgment in favor of the defendants, holding that a genuine issue of material fact existed as to whether a treadmill poses an open and obvious danger to a child.
Daniels v Corrigan: Compliance with the law Does not establish agency By Justin Lee Heather November 2009 Article, Page 580 This article analyzes the first district's rejection of a plaintiff's assertion that a cab driver was the agent of the cab company.
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.
The Overlooked Art of Redirect Examination By Jeffrey J. Kroll and Patrick White August 2009 Article, Page 406 Redirect examination is a powerful weapon for litigators, but it can backfire on those who forget its central purpose - to rehabilitate witnesses.
A property owner has a duty to provide a safe means of ingress and egress only for areas clearly designated for such purposes August 2009 Illinois Law Update, Page 392 On May 29, 2009, the Illinois Appellate Court, Third District, affirmed the Circuit Court of Warren County's grant of summary judgment for the defendant after the plaintiff fell and injured himself on the defendant's property and sued defendant. 
When one is injured twice in the same body part, the injuries are not automatically indivisible when apportioning liability August 2009 Illinois Law Update, Page 392 On May 29, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County ordering one of two defendants involved in two separate car accidents with the injured plaintiff to pay one half the total verdict, after the other defendant settled. 
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 of careful habits has no bearing for the element of proximate cause July 2009 Illinois Law Update, Page 336 On April 29, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County granting summary judgment for the defendants. 
Does the “51-Percent Rule” Apply to Legal Malpractice Actions? By James W. Davidson June 2009 Article, Page 302 Is recovery for legal malpractice barred if the plantiff-client is more than 50 percent to blame? Here's the case for and against.
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 Jennier 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.
Absolute immunity applies to protect police officers from tort liability May 2009 Illinois Law Update, Page 226 On February 20, 2009, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Third District, thereby affirming the decision of the Circuit Court of Cook County which dismissed the plaintiff's complaint because there was no genuine issue of material fact with regard to a defendant's enforcement of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq (2002)).
Proving Proximate Cause in Malpractice cases By Terrence J. Lavin and Kristina M. Lau May 2009 Article, Page 254 Illinois courts are still struggling to determine the plaintiff's proper burden of proving proximate cause in "lost chance" cases.
Measure of damages to pet may include the cost of veterinary care and treatment March 2009 Illinois Law Update, Page 122 On December 31, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of Logan County awarding damages to the plaintiffs for tortious damage to their dog and modifying the damage award to equal the total costs of veterinary care required.
Scientific Evidence About Grief in Illinois Wrongful Death Cases By Timothy J. Reuland and Shirley A. Murphy March 2009 Article, Page 146 A 2007 amendment to the Illinois Wrongful Death Act permits recovery for grief. This article discusses the evidence that makes the case for damages.
Understanding Uninsured and Underinsured Motorist Provisions By Helen W. Gunnarsson March 2009 Article, Page 126 UM/UIM provisions can salvage what would otherwise be a no-recovery case, but you need to understand your clients’ liability policies, not just the tortfeasors’.