2001 Articles

Closing argument: avoiding formulas when arguing pain and suffering By Dennis Ryan, Jr. 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 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.
Co-editor’s note By John L. Nisivaco 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.
Co-editor’s note By John L. Nisivaco 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.
Compensation for the value of lost time and not lost wages By Mark Rouleau March 2001 The lost value of time is compensable and not merely lost wages as defendants so often contend.
Governmental tort immunity— claims for willful and wanton misconduct are reinstated by the legislature By Scott B. Gibson 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.
Institutional negligence claims against hospitals and other health care entities By Daniel P. Wurl 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 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.
Supreme court holds HMOs may be liable for institutional negligence By Daniel P. Wurl 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.