In September 2010, Thomas Berz was riding his bike in an Evanston alley when he hit a pothole. Berz fell off his bike and suffered a traumatic brain injury. He sued the City of Evanston in July 2011 claiming that it was negligent for choosing not to maintain the surface of the…
Articles Posted in Civil Procedure
Illinois Appellate Court Rules Church Club Has No Immunity Under the Illinois School Code
During a relay race at a party for members of the Calvary Kids Club (CKC), a running backwards race resulted in an injury to one of the children, who broke both of her arms. The event was sponsored by the Calvary Chapel of Lake Villa. The lawsuit for the injuries…
Illinois Gov. Pat Quinn Signs Bill into Law Amending Code of Civil Procedure Regarding Settlements
Illinois Gov. Pat Quinn has signed a bill into law that would require defendants in most civil cases to submit to plaintiffs an executed release within 14 days of a written settlement agreement. The new law goes into effect on Jan. 1, 2014. Significantly, the new law will require a defendant…
Forum Selection Clause and Contract Enforced; Entec International N.A. v. MillerCoors
The Illinois Appellate Court has affirmed a decision of a Cook County Circuit Court judge with respect to the forum-selection clause found in a service contract. MillerCoors, headquartered in Chicago, is the second largest brewer in the United States with approximately 30% market share. In 2007, MillerCoors approached Entec regarding parts procurement…
Appellate Court Revives Toxic Tort Case Based on Discovery Rule; Beaver v. ExxonMobil Corp.
In a lawsuit against ExxonMobil Corp., four individuals claimed injury and death because they were exposed to benzene and other hazardous chemicals when they worked as rubber workers, tire builders and final finish laborers at a tire manufacturing facility. The cases were brought by the families of these deceased workers…
Illinois Supreme Court Holds That Contractor Had No Duty to Preserve Evidence of Damaged I-Beam; Martin v. Keeley & Sons, Inc.
After the collapse of a bridge deck on Route 154 near Sparta, Ill., the general contractor, Keeley & Sons, used a jackhammer to break up the concrete I-beam that allegedly caused the accident. Three workers were on the bridge deck when it collapsed. The issue in this case was whether…
Illinois Appellate Court Reinstates Lawsuit in Car Crash Case Where Defendant Died Before Suit; Relf v. Shatayeva
In a February 2010 lawsuit filed by the plaintiff, Sandra Relf, it was alleged that Joseph Pre Jr. was negligent when their vehicles crashed in February 2008. The Cook County Sheriff’s Office could not serve Pre with a lawsuit, so Relf filed a motion to appoint a special process server…
Illinois Appellate Court Affirms Summary Judgment for Deaths in House Fire; Rutkoff v. Security Associates International, Inc.
Four teenagers went out to dinner and later had a party in the basement home of the Gordons, the parent home of one of the teenagers. The incident took place in July 2006. Two of the individuals, Hoyle and Peabody, arrived and talked with the Gordon mother, Rachelle. Hoyle smoked…
Illinois Appellate Court Reverses a Verdict Regarding Admitted Evidence of Misleading Photographs; Johnson v. Bailey
A Will County, Illinois, jury verdict has been reversed by the Illinois Appellate Court for the Third District. In this case, Yvonne Johnson was injured in a Casey’s General Store parking lot when she was struck by a vehicle operated by the defendant, Charles Bailey. At the Bailey deposition, photographs…
Photographic Evidence May Be Found Relevant Without Expert Testimony – Williamson v. Morales
A recent Illinois Appellate Court decision provided additional clarification regarding the admissibility of photographic evidence. At issue was whether or not a judge had correctly allowed photographs taken at the scene of an accident to be admitted into evidence during a Cook County personal injury trial. The appellate court ruled…