Beware the empty chairBy Terrence J. LavinDecember 1999One 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."
Co-editor’s noteBy John L. NisivacoDecember 1999Our first article is written by Cook County Circuit Court Associate Judges Daniel T. Gillespie and Mary K. Rochford.
Co-editor’s noteMay 1999Our first article is by section council member Scott B. Gibson, Scott B. Gibson, Ltd., Waukegan, Illinois. Mr. Gibson represented the plaintiff in Henrich v. Libertyville High School, et al.
Co-editor’s noteJanuary 1999The first article, by section council member Charles Winkler, Winkler and Gorey, Ltd., discusses the new amended CTA notice requirement.
Lost chance—Appellate court developmentBy William A. AllisonMay 1999Until Holton v. Memorial Hospital, 176 Ill.2d 95, 223 Ill.Dec. 429, 679 N.E.2d 1202 (1997), the status of the lost chance doctrine in Illinois was unclear. Holton laid the ground work for acceptance of the doctrine by eliminating the need for statistical evidence to prove proximate cause.
Obtaining leave of court to pursue punitive damage claimBy Daniel P. WurlDecember 1999A 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.
Punitive damages and the corporate complicity ruleBy Daniel P. WurlMay 1999It 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.
Trial and errorBy Peter R. ColadarciMay 1999The following is a trial memorandum filed in a case I tried last month in Lake County.