Section Newsletters

Articles on Tort Law

Impact of criminal proceedings on civil cases By Mark Rouleau Tort Law, October 2002 This article reviews some of the decisions regarding the impact of convictions, pleas and stipulations to facts in criminal proceedings on subsequent civil cases.
Tort claims of minors against school districts: One-year or two-year statute of limitations? By Michael J. Perona Tort Law, October 2002 A new hot topic has arisen regarding the issue of which statute of limitations to apply when minors have a tort claim against local governmental entities or employees, specifically school districts.
Illinois Supreme Court clarifies proper standard for admissibility of novel scientific evidence in Donaldson v. Central Illinois Public Service Co. By Joseph G. Feehan Tort Law, June 2002 In Donaldson v. Central Illinois Public Service Co., 2002 Ill. LEXIS 283 (Ill. Feb. 22, 2002), the Illinois Supreme Court addressed the proper standard for admissibility of novel scientific evidence.
When do the decisions of public school districts deserve tort immunity? By Sean C. Burke Tort Law, June 2002 Like other local governmental entities, public school districts have long argued that statutory immunity shields them from liability for personal injuries.
Co-editor’s note By John L. Nisivaco Tort Law, May 2002 The first article in this edition is by Martin J. O'Hara of Quinlan & Carroll, Ltd. Mr. O'Hara's article addresses the Fifth District's decision of McIntosh v. Cueto, which holds that a plaintiff must formally plead a claim for fraudulent concealment and/or equitable estoppel before contending that a defense attorney or other professional is estopped from asserting the applicable statute of limitations for professional malpractice.
Is liability coverage afforded under homeowners policy for negligent entrustment? By James P. Ginzkey & Jeffrey Abbott Tort Law, May 2002 Junior wrecks a family motor vehicle, injuring someone in the process; but the family automobile policy specifically excludes Junior or excludes the vehicle he was driving (i.e. motorcycle, 4-wheeler, etc.).
Closing argument: avoiding formulas when arguing pain and suffering By Dennis Ryan, Jr. Tort Law, September 2001 "Pain and suffering" is a mental state that is a compensable element of damage in a personal injury case. Donk Bros. Coal & Coke Co. v. Thil, 228 Ill. 223, 81 N.E. 857 (1907).
Co-editor’s note By John L. Nisivaco Tort Law, September 2001 The first article in this edition is by Scott Gibson of the law firm of Scott B. Gibson, Ltd. in Waukegan. Mr. Gibson's article deals with the applicability of section 3-108 of the Governmental Tort Immunity Act.
Governmental tort immunity— claims for willful and wanton misconduct are reinstated by the legislature By Scott B. Gibson Tort Law, September 2001 Absolute governmental tort immunity pursuant to the supervision statute continues to be misapplied and confused by practitioners and the judiciary alike due to the closely intertwined and simultaneously conflicting actions by the Illinois Supreme Court and the Illinois State Legislature.
Co-editor’s note By John L. Nisivaco Tort Law, June 2001 The first article in this edition is by The Honorable Edna Turkington-Viktora. Judge Turkington-Viktora discusses the relevancy of a party's failure to possess a valid driver's license in a negligence action.
Institutional negligence claims against hospitals and other health care entities By Daniel P. Wurl Tort Law, June 2001 This article is intended to supplement the prior article entitled "Supreme Court Holds HMOs May Be Liable for Institutional Negligence."
The relevancy of evidence concerning the failure to possess a driver’s license and driving experience in a negligence action By Edna Turkington-Viktora Tort Law, June 2001 This article discusses the relevancy of evidence in an automobile negligence action concerning a party's failure to have a valid operator's license.
Co-editor’s note By John L. Nisivaco Tort Law, March 2001 The first article in this edition is written by Mark A. Rouleau of The Law Offices of Mark A. Rouleau in Rockford, Illinois. Mark Rouleau also serves as the current chair of the Tort Law Section Council.
Supreme court holds HMOs may be liable for institutional negligence By Daniel P. Wurl Tort Law, March 2001 While it is common knowledge that a health care institution can be vicariously liable for the negligent acts or omissions of its employees and agents under the doctrine of respondeat superior, litigators sometimes overlook a claim against the health care institution itself for its own independent negligent acts or omissions.
Choice of law questions for Illinois trial lawyers: an ever-evolving doctrine By James D. Spiros Tort Law, November 2000 Choices of law questions are of critical importance to Illinois trial lawyers. These questions can make or break any tort case involving an out of state occurrence.
Supreme Court hands victory to railroad industry in crossing case By Timothy J. Cavanagh Tort Law, November 2000 Earlier this year the United States Supreme Court handed down its much anticipated decision in the case of Norfolk Southern Railway Company v. Shanklin, No. 99-312 (2000 U.S. Lexis 2519; April 17, 2000).
Consider a partial settlement without a waiver of the workers’ compensation lien in work related lawsuits By James W. Yoder Tort Law, September 2000 An employee pursuing a third party lawsuit against one or more parties can effectuate a good faith settlement with his employer and leave in place the employer's lien rights against any recovery from the remaining defendant or defendants.
Proof future lost earnings By Wayne O. Smith Tort Law, September 2000 Plaintiffs' lawyers are often faced with the dilemma of whether they have a sustainable case for future lost earnings.
Supervision immunity is no longer absolute By Darcy L. Proctor Tort Law, September 2000 For many years, governments have enjoyed absolute immunity for the failure to supervise an activity on public property.
When can a party that is not a liquor licensee be liable under the Dramshop Act? By Kevin E. O’Reilly Tort Law, September 2000 Recently the Third District ruled that a land trustee could not be held liable to an injured party under the Dramshop Act. 235 ILCS 5/6-21(a). Kulikowski v. Larson, 305 Ill. App. 3d 110, 710 N.E.2d 1275, 238 Ill. Dec. 173 (3rd Dist. 1999).
Admissibility of board certification By Karen McNulty Enright Tort Law, June 2000 In medical malpractice cases we frequently find ourselves asking a physician whether or not they are board certified.
Are names and addresses of patient-witnesses discoverable? First District says yes By Monica E. McFadden Tort Law, June 2000 The discoverability of the names and addresses of patient-witnesses is frequently an issue, particularly in medical negligence and iatrogenic injury cases.
Seventh Circuit decision trumps Federal Rule of Civil Procedure Tort Law, June 2000 Under Federal Rule of Civil Procedure 30(e), a deponent has a right to make changes to his deposition testimony in form or substance.
HMO liability and the fiduciary duty of physicians By Daniel P. Wurl Tort Law, May 2000 There has been a flurry of recent decisions by the appellate courts involving important issues relating to health maintenance organizations (HMOs) and the physicians who treat patients in HMOs in which the physicians have an ownership interest.
Cammon v. West Suburban Hospital Medical Center: The First District addresses the Relation Back Doctrine, the requirements of §2-0622, and the Statute of Limitations in spoliation of evidence cases By Scott D. Lane & Joseph M. Dooley, III Tort Law, March 2000 On November 25, 1998, the First District rendered its decision in Cammon v. West Suburban Hospital Medical Center, 235 Ill.Dec. 158, 704 N.E.2d 731 (1998).
Using focus groups to prepare for trial By Jeffrey J. Kroll Tort Law, March 2000 A focus group is typically composed of twelve individuals who are brought together for two to four hours to watch a short presentation of the case and discuss the various issues raised.
Beware the empty chair By Terrence J. Lavin Tort Law, December 1999 One of the most troubling aspects of trying malpractice cases on behalf of injured patients is the specter of what is commonly known as the "empty chair defense."
C.T.A. passengers, look before you leap! An overview of liability in tort concerning bus riders. By Edna Turkington-Viktora General Practice, Solo, and Small Firm, October 1999 The Illinois Constitution of 1970 abolished sovereign immunity in Illinois, permitting a local governmental unit's liability in tort "except as the General Assembly may provide by law."
Defective six-month notices will no longer bar actions against the CTA By Charles R. Winkler Tort Law, January 1999 In the April 1994 issue of Tort Trends, my article "It's time to say good-bye to the six-month CTA notice requirement" concluded with, "The time has come to repeal the notice requirement of the Metropolitan Transit Authority Act."
The Fifth District instructs that firing for dispute over extent or duration of workers’ compensation injury equals summary judgment on retaliatory discharge By Monica E. McFadden Tort Law, January 1999 Generally Illinois, as do other states, operates under the "at-will employment rule."

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