Articles From Kimberly A. Davis

Illinois Supreme Court Rules Delayed Lakefront Trail Repair by Park District Does Not Rise to Willful and Wanton Misconduct By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, August 2019 The Illinois Supreme Court recently issued a ruling in Cohen v. The Chicago Park District that examined the application of certain sections of the Tort Immunity Act in an injury case.
Illinois Supreme Court upholds 50/50 split on crossclaim for contribution by one ‘blameless’ principal of a common agent against another By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, February 2019 The Illinois Supreme Court held in Sperl v. Henry, et al. that the Contribution Act may be applied to apportion liability between two principals that are vicariously liable for the same agent’s negligence.
Illinois Supreme Court green lights social host liability case for fraternity hazing By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, May 2018 While the doctrine against social host liability exists in Illinois, the Bogenberger v. Pi Kappa Alpha Corporation ruling demonstrates that in the presence of certain egregious facts, Illinois courts are willing to lift the protective doctrine against social host liability.
General contractor not liable for injury to subcontractor’s employee By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, March 2018 In LePretre v. Lend Lease (US) Construction, Inc., the court examined when a general contractor may owe a duty to employees of subcontractors, and the facts that can give rise to such a duty.
A jury of 12 (Not 6), as heretofore enjoyed: The Illinois Supreme Court strikes down Public Act 98-1132 By Kimberly A. Davis & Douglas S. Strohm Bench and Bar, December 2016 The Illinois statute limiting the size of a civil jury to six persons is unconstitutional.
Legislative caps on medical malpractice damages strike out By Kimberly A. Davis Bench and Bar, April 2010 The Illinois Supreme Court has invalidated caps on non-economic damages in medical malpractice cases.
“Physician” nets reasonable rate of $66.95 per hour for deposition By Kimberly A. Davis Civil Practice and Procedure, April 2010 An Illinois appellate court recently declined to define a reasonableness formula for calculating a physician's deposition fee.
The First District examines standards for reviewing Section 2-615 motions in legal malpractice cases and clarifies the solvency rule By Kimberly A. Davis Civil Practice and Procedure, April 2008 In July 2007, the First District Appellate Court addressed the sufficiency of a legal malpractice complaint in Visvardis v. Ferleger.
Petitions for relief from judgments under 735 ILCS 5/2-1401 By Kimberly A. Davis & James F. McCluskey Civil Practice and Procedure, April 2007 Pursuant to the Illinois Code of Civil Procedure, a litigant is allowed the proverbial two bites at the apple to vacate a default order or other final order or judgment.

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