Under Illinois law, a landowner is not liable for injuries sustained by plaintiffs who slipped on water that is tracked into a building from natural accumulations of substances outside such as ice, snow or water. Swartz v. Sears, Roebuck and Co., 264 Ill. App. 3d 254, 265 (1st Dist. 1993); Lohan v. Walgreens Co., 140… Read More
Illinois Wrongful Death Act – Damages for Grief or Sorrow
All top Chicago Wrongful Death Lawyers should be aware of relatively recent amendments to the Illinois Wrongful Death Act, which now allows jurors to award damages for “grief, sorrow, and mental suffering.” Prior to this amendment, such recovery was impermissible in wrongful death actions. In fact, jurors were were previously instructed according to Illinois Pattern… Read More
Tort Immunity Applies to ‘Manmade Objects’ on Recreational Hiking and Riding Trails
An Illinois appellate court recently held that the Forest Preserve District of Lake County was immune, pursuant to Section 3-107(b) of the Tort Immunity Act (745 ILCS 10/3-07(b)), in a personal injury lawsuit arising out of injuries sustained on a wooden bridge located on a recreational bike path. McElroy v. Forest Preserve Dist. of Lake… Read More
Recent Illinois Decision Regarding the Collateral Source Rule
Matthew A. Passen, attorney for the top-ranked Chicago Personal Injury law firm of Passen Powell Jenkins, recently published an article in the Chicago Bar Association’s CBA Record magazine titled, “Illinois Supreme Court Expands Scope of the Collateral Source Rule.” Mr. Passen discusses the recent Supreme Court decision, Wills v. Foster, in which the Court answered… Read More
Medical Society Peer-Review Authority
Matthew A. Passen, attorney for theChicago personal Injury law firm of Passen Powell Jenkins, recently published an article in the Chicago Bar Association’s CBA Record magazine titled, “Courts Address Medical Societies’ Peer Review Authority: Professional Self-Regulation or Witness Intimidation?” Mr. Passen addresses a number of legal and ethical issues surrounding the recent expansion of medical… Read More
Government Immunity for Emergency Treatment
The Illinois Supreme Court, in Abruzzo v. City of Park Ridge, recently held that the City is not immune from willful and wanton misconduct during the course of providing emergency medical services. The plaintiff, independent administrator of the estate of Joseph Furio, filed an Illinois personal injury action, alleging that Joseph was 15 years old… Read More
Security Company Not Responsible For Shooting Deaths Of Employees
On October 31, 2008, in Mujtaba Aidroos, et. al v. Vance Uniformed Protection Servs., Inc., et. al, the Illinois Appellate Court, First District, affirmed summary judgment in favor of defendants Vance Uniformed Protection Services, Inc. (“Vance”) and LatessaDiamond, in a consolidated action involving claims for negligence, wrongful death, and survival damages. The case arose from… Read More
Train Crash Lawsuit
According to recent news reports, a settlement was recently approved in two railroad accident wrongful death lawsuits arising from a 2005 Metra train derailment in Chicago that killed two women and injured 117 other passengers. Two passengers were killed on Sept. 17, 2005, when the Metra engineer sped a double-decker, five-car, morning rush-hour Rock Island Line… Read More
Medical Malpractice Jury Instruction Called Into Question
Illinois appellate court, in Matrese v. Buka, No. 1-06-2276 (1st Dist. Oct. 31, 2008), recently held that the trial court did not commit error in instructing the jury using a 2005 Illinois Pattern Jury Instruction (“IPI”) defining “professional negligence”, rather than the revised 2006 IPI. The plaintiff filed an Illinois medical malpractice lawsuit action against the… Read More
Supreme Court Considers Caps on Non-Economic Damages in Medical Malpractice Cases
The Illinois Supreme Court heard oral arguments in Abigaile Lebron v. Gottlieb Memorial Hospital et al., the case challenging the medical malpractice law passed by the legislature in 2005, which included caps on non-economic damages in medical malpractice lawsuits. The caps limited non-economic damages against individual physicians to $500,000, and damages against hospitals to $1,000,000…. Read More
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