Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2006 Articles

Changes on the horizon for trial lawyers: The Seventh Circuit’s Jury Trial Project By Mark L. Karno September 2006 I recently participated in a jury trial in front of Judge James F. Holderman in the U.S. District Court for the Northern District of Illinois, Eastern Division.
Contribution—An update By Samuel A. Kavathas, Jr. June 2006 This article is intended as an update based on some recent cases regarding contribution. One area which is always a source of confusion is whether or not a party can include a settling defendant on the verdict form pursuant to 735 ILCS 5/2-1117.
Editor’s note By John L. Nisivaco September 2006 The first article of this edition, written by Mark Karno, discusses the Seventh Circuit’s Jury Trial Project. Mr. Karno provides an explanation of the project and his personal experience in a trial conducted pursuant to the project’s guidelines.
Editor’s note By John L. Nisivaco August 2006 In the first article of this edition, written by Kevin Veugeler, the author addresses the use of a request to admit to establish the necessity and reasonableness of a medical bill in light of the 5th District’s opinion in Szczeblewski v. Gosset.
Editor’s note By John L. Nisivaco July 2006 In the first article of this edition, Judge Laninya A. Cason, Associate Circuit Judge, 20th Judicial Circuit, St. Clair County, addresses the merits of Senate Bill 475, which among other things, caps non-economic damages in medical malpractice litigation.
Editor’s note By John L. Nisivaco June 2006 In the first article is authored by Jerrold R. Beger, of Jerrold R. Beger & Associates, Ltd., in Rockford, Illinois. Mr. Beger discusses the Illinois Supreme Court’s decisions in Nichol v. Stass and Wallace v. Smith dealing with the application of the parent child immunity doctrine.
Editor’s note By John L. Nisivaco March 2006 In the first article of this edition, Jim Ginzkey of Hayes, Hammer, Miles, Cox & Ginzkey, looks at the ever-evolving definition of “healing art malpractice.”
The Gender Violence Act: Civil rights for survivors of rape and domestic violence By Kaethe Morris Hoffer August 2006 In the hands of survivors and their attorneys, the GVA is a tool that can re-write the story of rape and justice.
The Illinois Supreme Court has applied the Parent Child Immunity Doctrine to foster parents and private corporate child care facilities reaching opposite conclusions By Jerrold R. Beger June 2006 In two recent decisions the Illinois Supreme Court has applied the parent child immunity doctrine with opposing outcomes as to foster parents and private child care facilities.
Informed consent for lawyers By William A. Allison September 2006 When a settlement or judgment in a personal injury action is paid in whole or in part by periodic payments, that is called a structured settlement.
PA 94-677—The case for constitutionality? Non-existent. By Keith A. Hebeisen July 2006 Judge Cason’s article (“Senate Bill 475- Cause For Concern or Self- Generated Crisis”) suggests that the constitutionality of SB 475 (now PA 94- 677) is an open question.
Senate Bill 475—Cause for concern or self-generated crisis? By Laninya A. Cason July 2006 On August 25, 2005, at St. Anthony’s Hospital in Alton, Illinois, Governor Rod Blagojevich signed into law, Senate Bill 475 (SB475) which, among other things, effectively places statutory limitations (caps) on noneconomic damages (e.g., pain and suffering) for plaintiffs who file lawsuits against physicians and hospitals.
Substitution of judge as of right By Timothy W. Kelly March 2006 In Aussieker v. The City of Bloomington, the Fourth District Appellate Court addressed the issue of whether each individually named plaintiff in a multiple party lawsuit is entitled to one motion for substitution of judge as of right pursuant to section 2-1001(a)(2) of the Code of Civil Procedure, as opposed to one substitution for the group of plaintiffs as a whole.
Use of Request to Admit to obtain foundation for admission of medical expenses By Kevin T. Veugeler August 2006 One of the most fundamental pieces of evidence in a personal injury trial, and one of the most overlooked, is the medical expenses incurred by the Plaintiff.
What is “healing art malpractice”? By James P. Ginzkey March 2006 A recent case out of the First District Appellate Court once again raises the question: what is “healing art malpractice”? In Jackson v. Chicago Classic Janitorial and Cleaning Service, 355 Ill.App.3d 906, 291 Ill.Dec. 469 (1st Dist. 2005) plaintiff alleged that she suffered injuries during a functional capacity evaluation. Plaintiff’s allegations against defendant, Maximum Rehabilitation Services, were couched primarily in terms of Maximum’s failure to properly instruct, supervise and train its employees.