Publications

Articles on Tort Law

Expert testimony on airbag sensor system admissible if supported by proper foundation

November
2002
Illinois Law Update
Page 584
On July 29, 2002, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Woodford County in this product liability case.

Local Governmental and Governmental Employees Tort Immunity Act shields school district from liability when shop teacher makes discretionary policy determination involving safety of saw

October
2002
Illinois Law Update
Page 512
On August 14, 2002, the Appellate Court of Illinois, Fourth District, affirmed the holding of the circuit court of Vermilion County, and held that the school district was shielded from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Act), 745 ILCS 10/2-201.

Understanding the “Scheme to Defraud” Exception to Promissory Fraud in Illinois

By Roger L. Price and Mark L. Johnson
October
2002
Article
Page 536
The exception has generated a confusing body of case law; the authors propose a way to reconcile the decisions.

The Tort Immunity Anomaly: Failure to Properly Examine or Diagnose

By Michael P. Cogan
September
2002
Article
Page 476
The author argues that county health-care employees should not be immunized for failure to properly diagnose -- as opposed to treat -- illness.

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.

Learned intermediary doctrine does not apply to relieve pharmacy of duty to warn that the drug prescribed was contraindicated for individuals with patient’s allergies

June
2002
Illinois Law Update
Page 288
On March 21, 2002, the Illinois Supreme Court affirmed the judgment of the appellate court in ruling that a pharmacy owed a duty to warn either its customer or her physician that a nonsteroidal anti-inflammatory drug prescribed to her was contraindicated for a person with her allergies and that the learned intermediary doctrine did not apply to relieve a pharmacy of such duty to warn.

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.

Supreme Court Review 2001: Getting to Know the New Court

By Nancy T. Arnold, Tim Eaton, and Michael T. Reagan
May
2002
Article
Page 236
A look at the first year's output of the newly reconstituted supreme court.

Nonprofit hospital and clinic conducted private sector-type operations and were operated privately, and therefore were not immune from suit under the Tort Immunity Act

April
2002
Illinois Law Update
Page 176
On February 7, 2002, the Illinois Supreme Court affirmed the appellate court holding that a nonprofit hospital and nonprofit clinic did not conduct "public business," and therefore, neither one was a "local public entity" under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-206.

Nonprofit hospitals not “public entities” under the Tort Immunity Act

By Helen W. Gunnarsson
April
2002
LawPulse
Page 168
According to a recent Illinois Supreme Court ruling, most nonprofit hospitals are not immune from liability under the Tort Immunity Act, and plaintiffs have two years, not one, to bring malpractice suits against them.

Decedent’s survivors can sue gun manufacturers and distributors for public nuisance provided that decedent’s death is “fairly traceable” to the defendants’ conduct

March
2002
Illinois Law Update
Page 120
On December 31, 2001, the Appellate Court of Illinois, First District, concluded that the complaint instituted by survivors of decedents killed by guns manufactured or distributed by the defendants stated a cause of action for public nuisance.

The Latest on Liens: An Illinois Tort Lawyer’s Guide

By Edward W. McNabola and Kevin E. O’Reilly
March
2002
Article
Page 124
Liens can consume clients' recovery and decrease their willingness to settle. Here's a fresh look at the law.

Two-year statute of limitations on intentional infliction of emotional-distress claim tolls from the date of the last incident when the defendant’s conduct is “continuous, by the same actor, and of a similar nature”

February
2002
Illinois Law Update
Page 66
The plaintiff appealed the dismissal of her complaint under § 2-619 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-619, on the grounds that all of her claims were for personal injuries and hence barred by the two-year statute of limitations in § 13-202 of the Illinois Code of Civil Procedure, 735 ILCS 5/13-202.

Utility company does not have duty to insulate power lines over public right of way, especially when decedent aware of the risk of metal coming into contact with the lines

January
2002
Illinois Law Update
Page 14
On October 23, 2001, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Vermilion County granting summary judgment to Illinois Power in a wrongful death action.

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.

School district immune from suit when exercising policymaking decisions under Tort Immunity Act

December
2001
Illinois Law Update
Page 624
On October 18, 2001, the Illinois Supreme Court reversed the appellate court, holding that a school district enjoys immunity under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-201, when a principal's actions fall under the policymaking provisions of the Act.

A Trial Lawyer’s Introduction to SUV Rollover Claims

By Martin J. Healy Jr.
December
2001
Article
Page 646
An overview of rollover litigation from a plaintiff's perspective.

Federal Boat Safety Act impliedly preempts failure-to-install claim

November
2001
Illinois Law Update
Page 568
On August 16, 2001, the Illinois Supreme Court affirmed the lower court's holding that while the Federal Boat Safety Act (FBSA), 46 USC § 4301 et seq., does not explicitly preempt state common law causes of action based on a manufacturer's failure to install propeller guards on boat engines, such claims are impliedly preempted.

Correspondence from Our Readers

October
2001
Column
Page 506
Moorman memories.  

Correspondence from Our Readers

September
2001
Column
Page 446
In defense of the common fund doctrine.

The De Minimus Rule for Premises-Liability Cases

By Timothy J. Harris
September
2001
Article
Page 485
The rule protecting property owners is being limited by exceptions.

Maintaining the proper alignment and surface of sidewalks is a non-delegable duty of the municipality, not the abutting landowner

September
2001
Illinois Law Update
Page 454
On July 13, 2001, the Appellate Court of Illinois, Third District, affirmed the circuit court's order dismissing third-party defendant, Ryan Rowe.

Illinois Constitution prohibits insertion of “corrupt or malicious motives” exception into the Tort Immunity Act

August
2001
Illinois Law Update
Page 398
On June 21, 2001, the Illinois Supreme Court reversed the lower court's holding that the common-law "corrupt or malicious motives" exception limited the immunity granted by the Tort Immunity Act, 745 ILCS 10/1-101 et seq, and that the village could be held liable in quasi-contract.

The Moorman Doctrine Today: A Look at Illinois’ Economic-Loss Rule

By Hon. Sheldon Gardner and Matthew Sheynes
August
2001
Article
Page 406
The doctrine, which precludes tort recovery for purely economic damages, was supposed to reduce the tension between contract and tort law. But has it?

A Moorman-Doctrine Exception for Design Professionals and Construction Managers?

By Peter J. Bedard
August
2001
Article
Page 412
Has the Illinois Appellate Court opened the door to one? Maybe.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2001
Column
Page 338
Golfers in the (legal) news; capital punishment and the mentally retarded; and more.

No independent cause of action exists in tort for breach of duty of good faith and fair dealing or for tortious interference with business advantage

July
2001
Illinois Law Update
Page 342
On May 24, 2001, the Illinois Supreme Court reversed the appellate court and held that no independent cause of action exists in tort for an alleged breach of an implied duty of good faith and fair dealing arising from a contract.

Court declines to impose social-host liability for alcohol-related death

June
2001
Illinois Law Update
Page 286
On March 30, 2001, the Appellate Court of Illinois, First District, affirmed the lower court's finding that alcohol-related liability, including social-host liability, has been preempted by the passage of the Dramshop Act.

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.

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