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Articles on Tort

Personal Jurisdiction … Is the Long Arm Really That Long? By Brian Murphy Tort Law, October 2022 Although personal jurisdiction is often assumed based on a bare minimum of contacts between the defendant and Illinois, simply doing business in the state may not be sufficient for jurisdiction.
The Duty to Preserve Evidence and Illinois Supreme Court Rule 214 and Spoliation By Nicholas T. Motherway Tort Law, January 2022 Lawyers should advise their clients to keep all evidence that may be material to a case.
High-low, high-low, it’s off to court we go! The basics of high-low agreements By Hon. Clare E. McWilliams Tort Law, May 2019 It is best strategically to keep the channels of settlement discussion open, from the motions in limine phase of the trial through jury deliberation, even if the other side is taking a “no settlement, no demand, no offer” position.
1 comment (Most recent October 29, 2019)
A strategy to address the phantom causation defense in light of Campbell v. Autenrieb By Ronald Kalish Tort Law, May 2019 The court in Campbell v. Autenrieb held the trial court erred in admitting unsupported evidence on cross-examination regarding potential alternative causes of plaintiff’s injuries. 
Failure to follow UIM policy results in a loss of coverage By Michelle Kohut & Daniel Lynch Tort Law, January 2019 A summary of Allstate Insurance Co. v. Mack, in which the court held that the defendant was entitled to declaratory judgment because plaintiff breached the UIM policy provisions by failing to provide signed HIPAA authorizations and submitting to an examination under oath.
Case Review: Barrett v. FA Group, LLC, et al. By Jason Schutte Tort Law, October 2018 An summary of Barrett v. FA Group, LLC, et al., in which the court determined whether a shoe sticking in asphalt and darkness are circumstances sufficient to defeat summary judgment.
Case Review: Doe v. Coe By Albert E. Durkin Tort Law, October 2018 The appellate court ruled in Jane Doe v. Chad Coe, et al. that strict compliance with Supreme Court Rule 191(a) is mandatory and failure to attach documents relied upon in support of a 191(a) affidavit is fatal.
Case review: Giles v. Park By Leslie J. Rosen Tort Law, October 2018 The first district held in Giles v. Park that a decedent’s personal representative must file claims under the Illinois Nursing Home Act and/or Survival Act within two years of the negligent act, even if the decedent was rendered disabled by the injury.
The continuous course of negligent treatment doctrine By Daniel P. Wurl Tort Law, June 2002 A plaintiff filing a medical malpractice action must file it within the time limits set forth in Chapter 735, section 5/13-212(a) of the Code of Civil Procedure, in order for the action to be timely. 735 ILCS 5/13-212(a).
The legal status of local public entities under Illinois tort law By James W. Springer Tort Law, June 2002 The Local Governmental and Governmental Employees Tort Immunities Act (the Tort Immunity Act), 745 ILCS 10/1-101 et seq., provides extremely favorable treatment for those persons who fall under its protection.
The requirements of raising equitable estoppel or fraudulent concealment in a legal malpractice context By Martin J. O’Hara Tort Law, May 2002 A 2001 Fifth District Appellate Court decision examined a plaintiff's ability to avoid the statute of limitations and repose in a professional malpractice claim based upon the defendant professional's alleged fraudulent conduct in concealing the malpractice.
Application of §414 of the Restatement (Second) of Torts in construction negligence cases By Larry A. Appelbaum Tort Law, November 2000 After the repeal of the Illinois Structural Work Act, claims for construction accidents must be based on common law negligence principles.
Is aggravation of a preexisting condition a separate element of damages? By Barbara A. McDonald Tort Law, June 2000 A dispute has arisen within the Illinois Appellate Court on a matter that seemingly should not be in dispute.
Illinois Supreme Court holds that one-year Tort Immunity Act limitations period applies to medical malpractice actions against local public entities and their employees By John P/ Scanlon Tort Law, March 2000 This past October, the Illinois Supreme Court resolved an ongoing conflict between the First District Illinois Appellate Court and several other courts of review. Tosado v. Miller, 1999 WL 961389.
Location, location, location: When is a forum legally not convenient? By Daniel T. Gillespie & Mary K. Rochford Tort Law, December 1999 Real estate receives its value primarily from its location. Similarly, attorneys may ascribe different values to trial venues.
Obtaining leave of court to pursue punitive damage claim By Daniel P. Wurl Tort Law, December 1999 A plaintiff who wishes to plead a claim for punitive damages in actions under Illinois law involving bodily injury or property damages based on negligence or product liability must first obtain leave of court.
The Illinois Supreme Court grants additional municipality immunities; however, more questions are raised than answered By Scott B. Gibson Tort Law, May 1999 I previously reported that I am plaintiff's counsel in Henrich v. Libertyville High School, et al.
Letters to editor Tort Law, May 1999 The article in the January Tort Trends captioned "High-low Deals: In Vogue or In Trouble?" did a good job of taking up a timely and important topic.
Punitive damages and the corporate complicity rule By Daniel P. Wurl Tort Law, May 1999 It has long been established in Illinois that punitive damages may be awarded when torts are committed with fraud, actual malice, deliberate violence or oppression, or when a defendant has acted willfully or with such gross negligence as to indicate a wanton disregard for the rights of others.

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