Subject Index Tort Law

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.

Choosing an Economist for Your Personal Injury Case

By Scott Gilbert
May
2014
Article
, Page 232
How can you tell whether economist-experts' damages estimates will help or hurt your case? You'll find important clues by looking at how they make a few key calculations.
2 comments (Most recent May 15, 2014)

Good Samaritan Act doesn’t shield on-duty emergency doctors

By Janan Hanna
May
2014
LawPulse
, Page 214
A lawyer who was disciplined for posting a YouTube video of police buying drugs from his client has filed a federal lawsuit challenging his suspension.

Preserving the Peer Review Privilege in Med-Mal Cases

By Margaret J. Lowery
April
2014
Article
, Page 176
Properly performed peer review is not subject to discovery in med-mal litigation. But health care providers sometimes learn the hard way how the privilege can be lost.

Proximate Cause: Limiting Liability Along the Chain of Causation

By Amelia Buragas
February
2014
Article
, Page 88
Illinois courts have struggled with defining the limits of proximate cause. Multi-car collision cases present an interesting case study of the evolution of proximate cause jurisprudence.

Plaintiffs’ Secret Weapon: The Illinois Respondent in Discovery Statute

By Kaitlyn Anne Wild
January
2014
Article
, Page 24
This little-known statute enables plaintiffs - but not defendants - to take discovery from a non-party respondent and provides a six-month "grace period" from statutes of limitations.

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.

The high court bars a suit filed against dead defendant

By Adam W. Lasker
December
2013
LawPulse
, Page 606
After the defendant died, the plaintiff in a car-accident case failed to sue the estate's "personal representative." That meant the court lacked jurisdiction, the supreme court ruled.

The Myth of the Rebuttable Presumption for Loss of Society in Wrongful Death Cases

By Michael P. Cogan
November
2013
Article
, Page 582
A recent case illustrates that in claims for loss of society in wrongful death cases, the rebuttable presumption of a substantial pecuniary loss is sometimes illusory.

‘Wrongful Birth’ Plaintiffs Can Recover for Emotional Distress

By Christopher T. Hurley & Mark R. McKenna
November
2013
Article
, Page 580
A recent Illinois Supreme Court decision holds that parents can recover for emotional distress if they win a claim for negligent genetic counseling, even if they suffered no direct physical injury.

Lawlor: A Roadmap for Limiting Punitive Damages

By Eric J. Muñoz
June
2013
Article
, Page 298
A recent Illinois decision makes it easier for businesses only vicariously liable to limit punitive damages awards.

Suit barred for plaintiffs who ‘came to the nuisance’ of fly-infested cattle farm

By Adam W. Lasker
April
2013
LawPulse
, Page 170
The Illinois Supreme Court held that the Farm Nuisance Suit Act barred recovery for plaintiffs who acquired a house across the road from a fly-infested cattle farm.

Applying Other-State Law to Illinois Tort Actions

By Jacob D. Sawyer
December
2012
Article
, Page 652
When does the law of, say, New York apply to an Illinois tort lawsuit? Find out the Illinois approach to deciding the question.

Governmental tort immunity for ice and snow on recreational property

By Adam W. Lasker
December
2012
LawPulse
, Page 626
Plaintiffs can't recover from a local government for injuries caused when they slip on snow and ice on recreational property, the Illinois Supreme Court ruled recently.

Court Approval of Minors’ Settlements

By Hon. Ron Spears
November
2012
Column
, Page 613
Should judicial approval be required for even small damage awards for minors?

Railroads owe no duty of care to children who climb on moving trains

By Adam W. Lasker
November
2012
LawPulse
, Page 574
The supreme court rules that moving freight trains pose an open and obvious danger to child trespassers.

Tort liability for school districts that hide former teachers’ sexual harassment

By Adam W. Lasker
October
2012
LawPulse
, Page 514
The Illinois Supreme Court ruled that a school district breaches its duty of care when it gives false information to another district about a teacher's sexual misconduct.

Insurer’s substantial prejudice claim is negated by judgment-proof tortfeasor

September
2012
Illinois Law Update
, Page 464
On June 27, 2012, the second district appellate court held as a matter of law that an automobile insurer cannot refuse to pay underinsured motorist ("UIM") coverage to its insured on the grounds that the insured violated a cooperation clause by settling with a judgment-proof tortfeasor.

Insurance companies and P-I plaintiffs will share recoveries if governor signs bill

By Adam W. Lasker
August
2012
LawPulse
, Page 398
HB 5823 would require insurance companies to proportionally share plaintiffs' recoveries in personal injury lawsuits.

The Illegal Immigrant as P.I. Plaintiff: Determining Lost Wages

By Douglas A. Wolfe
June
2012
Article
, Page 312
Is an undocumented immigrant plaintiff entitled to recover future lost wages at a U.S. rate of pay? No Illinois court of review has decided, but here’s a look at what other jurisdictions are doing and what Illinois might – and should – do.

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