» ILLINOIS LAW

No reason to keep previous injuries a secret.

There is a misconception out there that previous injuries sink your case. Not true. For example, suppose you suffer a badly injured right knee after a fall in 2006. You had surgery, therapy, and, thankfully after several months of treatment, were pretty much back to normal. Now flash forward to 2011. You are involved in an automobile accident and again, your r… Read More
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ILLINOIS APPELLATE COURT EXPLAINS THE "DELIBERATE ENCOUNTER" EXCEPTION

Several months ago, the First District of the Illinois Appellate Court handed down an well-written opinion involving an injury resulting from wet asphalt. The case, Morrissey v. Arlington Park Racecourse, involved the injuries a young man suffered when he was injured while exercising some horses. The key facts are pretty straightforward – the Arlington r… Read More
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Categories: ILLINOIS LAW

LEAKS IN YOUR NEW HOME?? ILLINOIS APPELLATE COURT CLARIFIES TO WHOM WARRANTY OF HABITABILITY EXTENDS

Saw a recent Illinois Appellate Court opinion the other day clarifying who can be sued on implied warranty of habitability claims. In 1324 W. Pratt Condominium Association v. Platt Construction Group, multiple homeowners were suing the developer, Platt Construction. The homeowners had actually purchased the units from an unrelated developer. Platt never had an… Read More
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Categories: ILLINOIS LAW

ILLINOIS ALCOHOL-RELATED INJURIES: LOOKING BEYOND DRAMSHOP

Interesting decision recently handed down by First District Appellate Court in an alcohol-related death claim. The opinion, Hicks v. Korean Airlines Company, unfortunately, does not provide a comprehensive summary of the facts. It appears that on October 4, 2001, Tracy Kim, an employee of Korean Airlines Company attended a dinner with some other Korean Air emp… Read More
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Categories: ILLINOIS LAW

ILLINOIS DRUG OR ALCOHOL IMPAIRED MINOR RESPONSIBILITY ACT

Was retained by a young man to investigate potential cause of action after he was badly beaten up at a get-together in his neighborhood. In doing some research, ran across the Illinois Drug or Alcohol Impaired Minor Responsiblity Act of 2004. The Act provides that any person[18 or older] who willfully supplies acohol or illegal drugs to a person under 18, and… Read More
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Categories: ILLINOIS LAW

ILLINOIS APPELLATE COURT SAYS EVANSTON WOMAN USING ALLEY TO DUMP YARD WASTE IS AN "INTENDED USER" OF MUNICIPAL PROPERTY AND CAN RECOVER FOR INJURIES

Every Illinois personal injury lawyer dreads the “permitted and intended user” defense. You see it every time you represent someone who was injured while on public property. The law in Illinois says that a municipality owes a duty or ordinary care to people using public property only if the injured person was a “permitted and intended”… Read More
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Categories: ILLINOIS LAW

IMPORTANT ILLINOIS APPELLATE COURT RULING ON "SOCIAL HOST LIABILITY"

Interesting opinion recently issued by the Second District of the Illinois Appellate Court. The facts are tragic. In Bell v. Hutsell, Daniel Bell and Ross Trace, both under 21, were invited to a private residence for a party. The party was at the home of Jeffrey and Sara Hutsell, and hosted by their son, Jonathan, an 18 year old high school student. A number o… Read More
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Categories: ILLINOIS LAW

ILLINOIS HOME REPAIR AND REMODELING ACT - PART DEUX

In Behl v. Gingerich, the Fourth Appellate District of Illinois recently weighed in on what constitutes “substantial compliance” with the Illinois Home Repair and Remodeling Act[“the Act”]. In the summer of 2006, defendant Gingerich approached John Behl[d/b/a Behl Construction] about doing some work at the Gingerich home. Defendant Ging… Read More
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Categories: ILLINOIS LAW

AN OVERVIEW: THE ILLINOIS HOME REPAIR ACT

The Illinois Home Repair Act [815 ILCS 513/25] is getting a lot of attention these days because of some conflicting Appellate Court opinions interpreting the Act’s requirements. If you are an Illinois contractor engaged in home repair and remodeling, here is a very basic primer on what you need to do in order to comply with the Act: 1) If the project is… Read More
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Categories: ILLINOIS LAW

IS THE RIGHT TO AMEND UNDER 5/2-616 ABSOLUTE?

Is the right to timely amend a complaint absolute? The provisions of 735 ILCS 5/2-616 of the Illinois Code of Civil Procedure seem to suggest that it is, by noting in subsection [a] that “…at any time before final judgment amendments may be allowed on just and reasonable terms….” Additionally, subsection [c] notes that “A pleading… Read More
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Categories: ILLINOIS LAW