2000 Articles

Admissibility of board certification By Karen McNulty Enright June 2000 In medical malpractice cases we frequently find ourselves asking a physician whether or not they are board certified.

Application of §414 of the Restatement (Second) of Torts in construction negligence cases By Larry A. Appelbaum November 2000 After the repeal of the Illinois Structural Work Act, claims for construction accidents must be based on common law negligence principles.

Are names and addresses of patient-witnesses discoverable? First District says yes By Monica E. McFadden June 2000 The discoverability of the names and addresses of patient-witnesses is frequently an issue, particularly in medical negligence and iatrogenic injury cases.

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 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).

Choice of law questions for Illinois trial lawyers: an ever-evolving doctrine By James D. Spiros 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.

Co-editor’s note By John L. Nisivaco November 2000 The first article in this edition is by Timothy J. Cavanagh of Lloyd & Cavanagh in Chicago. Mr. Cavanagh examines the United States Supreme Court's decision in Norfolk Southern Railway Company v. Shanklin.

Co-editor’s note By John L. Nisivaco September 2000 This issue begins with a letter to the editor from Curt N. Rodin regarding Judge Barbara McDonald's article "Is Aggravation of a Pre-existing Condition a Separate Element of Damage?"

Co-editor’s note By John L. Nisivaco June 2000 Our first article is written by the Honorable Barbara A. McDonald of the Circuit Court of Cook County.

Co-editor’s note By John L. Nisivaco May 2000 This is a special edition of Tort Trends devoted solely to the subject of HMO liability.

Co-editor’s note By John L. Nisivaco March 2000 Our first article is written by Scott D. Lane and Joseph M. Dooley from Lane & Lane in Chicago.

Consider a partial settlement without a waiver of the workers’ compensation lien in work related lawsuits By James W. Yoder 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.

HMO liability and the fiduciary duty of physicians By Daniel P. Wurl 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.

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 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.

Is aggravation of a preexisting condition a separate element of damages? By Barbara A. McDonald June 2000 A dispute has arisen within the Illinois Appellate Court on a matter that seemingly should not be in dispute.

Letter to the editor September 2000 Judge Barbara McDonald takes the IPI Committee to task for inclusion of IPI 30.03 as a separate element of damage.

Proof future lost earnings By Wayne O. Smith September 2000 Plaintiffs' lawyers are often faced with the dilemma of whether they have a sustainable case for future lost earnings.

Seventh Circuit decision trumps Federal Rule of Civil Procedure 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.

Supervision immunity is no longer absolute By Darcy L. Proctor September 2000 For many years, governments have enjoyed absolute immunity for the failure to supervise an activity on public property.

Supreme Court hands victory to railroad industry in crossing case By Timothy J. Cavanagh 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).

Using focus groups to prepare for trial By Jeffrey J. Kroll 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.

When can a party that is not a liquor licensee be liable under the Dramshop Act? By Kevin E. O’Reilly 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).