» ILLINOIS LAW

BEWARE THE REQUEST TO ADMIT

Putting the final touches on my response to a lengthy Rule 216 Request to Admit filed by the defendant. In reading some of the recent Illinois cases discussing what constitutes a proper response – came across some helpful information. It is NOT sufficient for responding party to simply claim a lack of knowledge as a reason for a failure to admit or deny.… Read More
Read More
Categories: ILLINOIS LAW

ILLINOIS BANS TEST MESSAGING WHILE DRIVING

Illinois legislators recently added a new section to the Illinois Vehicle Code banning text messaging while driving. Under Section 625 ILCS 5/12-601.2, “… a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send or read an electronic message”. The law becomes effective January 10, 2… Read More
Read More
Categories: ILLINOIS LAW

FUTURE PAIN & SUFFERING

Read an interesting case today on the issue future damages. In Maddox v. Rozek, the First District Appellate Court of Illinois was faced with an issue involving future damages. Specifically, after a verdict for plaintiff in an auto case, the defense appealed, arguing that the jury should never have received an instruction on future pain and suffering because t… Read More
Read More
Categories: ILLINOIS LAW

SPONGE LEFT IN BODY - DOCTOR NOT LIABLE

Interesting opinion, Forsberg v. Edward Hospital, just came down from the Illinois Appellate Court, Second District. The plaintiff alleged that she underwent a lumpectomy on June 4, 2004 at Edward Hospital. The surgeon was Dr. Piazza. Two incisions were made – one near the armpit and one near the left breast. During surgery, sponges were used, and one wa… Read More
Read More

CTA NOTICE PROVISION REPEALED

Finally, the Illinois legislature has done away with the ridiculous Chicago Transit Authority [CTA] notice provisions!!! Prior to June 1, 2009, anyone wishing to sue the CTA was obligated, pursuant to 70 ILCS 3605/41, to file a very specific Notice[often referred to as the “Section 41 Notice”]. The Notice was to be provided to the Secretary of the… Read More
Read More
Categories: ILLINOIS LAW

WRONGFUL BIRTH DECISION - PARENTS CAN RECOVER DAMAGES EVEN AFTER CHILD TURNS 18

The Illinois Appellate Court[First District] recently released the Clark v. Children’s Memorial Hospital decision, which clarifies what parents may recover in a “wrongful birth” case. “Wrongful birth” refers to the claim of parents who allege they would have avoided conception, or terminated a pregnancy but for the negligence of t… Read More
Read More

FRIENDS OF CAR THIEF OFF THE HOOK

Interesting decision, Johhnson v. Bishop, just came out of the Third Appellate District Court speaking to the issue of the duty owed by vehicle owners when ne’er-do-wells steal their cars. First, a brief rundown of the players. Robert Sonnemaker and David McLeod were roommates. Sonnemaker owned a Ford Taurus. Although not entirely clear, it appears that… Read More
Read More
Categories: ILLINOIS LAW

DUTY TO PROVIDE ACCESS TO PROPERTY

Settled a case the other day where my client was injured after falling on what appeared to be ice and snow near the entrance to a restuarant. If the injury had solely been caused by the presence of ice and snow, the client may have been out of luck. The fact that the owner had admitted allowed water and ice to accumulate near the only entrance door allowed me… Read More
Read More
Categories: ILLINOIS LAW

ADDISON POLICE NOT LIABLE FOR ARREST BASED ON STOLEN IDENTITY

Plaintiff Hilario Mercado Jr. went to a family birthday party on September 27, 2003. As so often happens at family parties, a fight broke out and the Addison Police were called. Upon their arrival, Mercado and another person were leaving. One of the officers requested ID and Mercado presented his state ID. The Police ran Mercado’s name, race, sex and dat… Read More
Read More
Categories: ILLINOIS LAW

ILLINOIS SUPREME COURT HEARS ARGUMENT ON CAPS IN MED MAL CASES

Last week the Illinois Supreme Court heard argument on the constitutionality of the 2005 Illinois legislation capping damages in medical malpractice cases. The law caps non-economic[pain and suffering]awards against doctors are $500,000. In addition, the law caps similar damages against hospitals at $1million. The argument against caps is twofold. First, caps… Read More
Read More
Categories: ILLINOIS LAW