Publications

Articles on Tort Law

Participation in race indicates assent to be bound by terms of release

June
2001
Illinois Law Update
Page 286
On March 30, 2001, the seventh circuit affirmed the lower court's finding that a go-kart racer could be held to the terms of a release form which defendants could not produce.

Plugging a Hole in the Tort Immunity Act: The Emergency Vehicle Exception

By David Stevens
June
2001
Article
Page 296
The fifth appellate district stands alone in recognizing an exception to the Tort Immunity Act for emergency vehicles.

Section 2-109 of the Code of Civil Procedure does not violate the special legislation or equal protection clauses of the Illinois Constitution

June
2001
Illinois Law Update
Page 286
On April 19, 2001, the Illinois Supreme Court reversed the circuit court's holding that § 2-109 of the Code of Civil Procedure violated the special legislation clause, Ill Const Art IV, § 13, and the right to equal protection, Ill Const Art I, § 2, guaranteed by the Illinois Constitution.

Goodbye to the “Same-Part-of-the-Body” Rule

By Saul Ferris
May
2001
Article
Page 261
A post-mortem of the Voykin case, which abrogated the rule.

Tort of retaliatory discharge does not extend to demotion

March
2001
Illinois Law Update
Page 116
On December 29, 2000, the First District of the Appellate Court of Illinois held that the plaintiff employee's alleged demotion did not constitute "discharge" as required of a retaliatory discharge claim, and that Illinois does not recognize a cause of action for retaliatory demotion.

The Expanding Scope of HMO Liability in Illinois

By Michelle M. Jochner
February
2001
Article
Page 64
A review of three groundbreaking HMO liability cases that change the landscape of medical malpractice litigation.

Officer’s immunity defense depends on the reasonableness of his conduct

February
2001
Illinois Law Update
Page 60
On December 8, 2000, the seventh circuit court of appeals reversed the district court's decision to set aside the jury's verdict in favor of Victor and Tre McNair, two brothers who had instituted a claim of excessive force against Officer Sean Coffey in violation of the Fourth Amendment.

Defending Transportation Cases: A Pretrial Preparation Primer

By James F. McCluskey and E. Angelo Spyratos
January
2001
Article
Page 41
Defense lawyers: think "trial" the minute you get a case.

Retained Experts’ Opinions in Medical Malpractice Cases

By Terrence J. Lavin
January
2001
Article
Page 39
Rule 213 pointers for med-mal lawyers.

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.

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