Publications

Illinois Bar Journal

 

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Articles on Tort Law

Comparative Fault, Contribution, and Joint and Several Liability: An Agrument Against Reconciliation By William R. Tapella, II December 2000 Article, Page 694 The courts and legislature should avoid pleas for false symmetry among the three, this author argues.
A pharmacist who knows that the prescribed drug is contraindicated for a patient with allergies has a duty to warn the patient or prescribing physician December 2000 Illinois Law Update, Page 690 On September 29, 2000, the Second District of the Appellate Court of Illinois reversed the trial court's grant of summary judgment to the defendant on Happel's claim of negligence after she suffered anaphylactic shock resulting from a prescription filled by Wal-Mart's pharmacy.
De minimus nature of defect in sidewalk is not sufficient reason to grant summary judgment when injury was reasonably foreseeable November 2000 Illinois Law Update, Page 624 On September 1, 2000, the second district of the Appellate Court of Illinois reversed the trial court's grant of summary judgment to the defendant, Old Kent Bank, on Harris' claim of negligence for injuries she sustained after tripping and falling on the sidewalk upon exiting the bank.
The Lawyer’s Journal By Bonnie C. McGrath November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
The Case for Making Pre-Impact Fear Compensable in Survival Actions By Jeffrey J. Kroll August 2000 Article, Page 462 The author argues that Illinois should follow other states and make pre-impact fear compensable.
The Lawyer’s Journal By Bonnie C. McGrath August 2000 Column, Page 434 You still have the right to remain silent; UPL and in-house counsel; and more.
Drawing the Boundaries of Negligent-Hiring Claims By Jeffrey A. Blevins and Gregory J. Schroedter July 2000 Article, Page 413 The first district recently held that negligent-hiring plaintiffs must show a nexus between the harm they suffered and the defendant's breach.
There must be common liability between the parties in a contribution claim July 2000 Illinois Law Update, Page 380 On May 18, 2000, the Illinois Supreme Court reversed the appellate court's decision by dismissing a fourth-party complaint for contribution that was based solely on contractual liability when the fourth-party defendants were not parties to the contract in dispute.
Zen and the Art of Motorcycle-Injury Litigation By Thomas M. Harris July 2000 Article, Page 409 Don't treat your motorcycle-injury suit like just another automobile case.
Siderail Use and Legal Liability in Illinois Nursing Homes By June A. Braun and Elizabeth Capezuti June 2000 Article, Page 324 The authors argue that routine use of bed siderails is neither good for patients nor effective defensive medicine.
Exercise of control by employer over a contractor’s work may subject employer to liability May 2000 Illinois Law Update, Page 252 On March 1, 2000, the Appellate Court of Illinois, Third District, reversed the circuit court's grant of summary judgment to Midwest Grain Products, a grain processing company defending against an ironworker's negligence suit arising from injuries sustained in a construction accident.
Internet Torts and Cyberspace Insurance: New Issues for the E-conomy By Adam H. Fleischer May 2000 Article, Page 268 A review of new Internet-based theories of liability and the insurance-coverage issues raised by them.
The Lawyer’s Journal By Mark S. Mathewson April 2000 Column, Page 192 What hath Tosado wrought? What do jurors think? Granny gives a gift; and more.
Plaintiff’s negligence in railroad accident does not prevent finding of negligence of defendant March 2000 Illinois Law Update, Page 128 On December 22, 1999, the Second District Appellate Court overruled the summary judgment granted to the defendants by the circuit court of McHenry County.
Defendant who permitted recreational public use of its lands owed no duty of care February 2000 Illinois Law Update, Page 68 On December 2, 1999, the Illinois Supreme Court affirmed the appellate court’s holding that Universities Research Association, Inc., was not liable for injuries suffered by plaintiff Donald Fraser.
The Lawyer’s Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?
Bank not guilty of negligent misrepresentation when plaintiff’s reliance on alleged statements by bank employee was unreasonable December 1999 Illinois Law Update, Page 636 On October 21, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the judgment of the bankruptcy court that the plaintiff, Michael Rovell.
Correspondence from Our Readers December 1999 Column, Page 626 Discovery and computer data.
In malpractice action against local governmental entities, one-year limitation period of Tort Immunity Act applies December 1999 Illinois Law Update, Page 636 On October 21, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court that the one-year limitation period in the Tort Immunity Act (745 ILCS 10/8-101 et seq (West 1996)).
Nursing home’s reassignment of worker to different wing of nursing home to accommodate employee’s pregnancy restriction did not constitute voluntary undertaking for purposes of establishing a duty of care December 1999 Illinois Law Update, Page 636 On September 30, 1999, the fourth district of the Illinois Appellate Court affirmed the trial court's grant of summary judgment to the defendants, Walker Nursing Home, finding that the defendants owed plaintiff, Javette Brown (an employee of the nursing home).
Product Liability and Embedded Microprocessors: The Other Y2K Problem By Richard J. Rettberg and Kristin Dvorsky Tauras December 1999 Article, Page 648 Microprocessors are everywhere, not just in devices we normally think of as computers. Here's how Y2K might affect products containing embedded microprocessors and how litigators can respond.
The Lawyer’s Journal By Bonnie McGrath November 1999 Column, Page 570 Watch out, HMOs.
Civil Aiding and Abetting Liability in Illinois By Ronald M. Lepinskas October 1999 Article, Page 532 Long considered exclusively a criminal law concept, aiding and abetting is growing more important in civil litigation. Find out how.
Correspondence from Our Readers October 1999 Column, Page 510 No "apportion[ment] between preexisting conditions and a defendant's wrongful act''?
The Lawyer’s Journal By Bonnie McGrath October 1999 Column, Page 514 Insurance policies and the discovery rule; read the fine print.
Surviving parents of decedent may not maintain a wrongful death action where the decedent is survived by a spouse and no children. October 1999 Illinois Law Update, Page 521 On August 3, 1999, the Illinois Appellate Court affirmed the lower court finding that the plaintiff lacked standing to sue for wrongful death.
The Lawyer’s Journal By Bonnie McGrath September 1999 Column, Page 454 "Same part of the body'' rule update.
The Lawyer’s Journal By Bonnie McGrath August 1999 Column, Page 402 Breach of fiduciary duty: A new application
Plaintiff must show physical contact or threat of physical contact to recover for intentional infliction of emotional distress under the Federal Employers’ Liability Act August 1999 Illinois Law Update, Page 406 On June 17, 1999, the Illinois Supreme Court affirmed the appellate court decision that a plaintiff must plead and prove physical contact or a threat of physical contact to recover for intentional infliction of emotional distress under the Federal Employers' Liability Act (FELA).
Retaliatory demotion and constructive retaliatory discharge causes of action not recognized under Illinois law August 1999 Illinois Law Update, Page 406 On June 17, 1999, the first district of the Illinois Appellate Court upheld the trial court's dismissal of plaintiffs' complaint for failure to state a claim on which relief could be granted.