Under the discovery rule, does the statute of limitations clock start when the harm is discovered? Or is it when the plaintiff discovers that the harm was “wrongfully caused?” The Illinois Appellate Court, First District, held that the statute of limitations clock starts when the harm is discovered. During a…
The plaintiffs, Brittany N. Hage and Joann M. Blackmore, appealed the dismissal of their Count VI of Hage’s Fourth Amended Complaint, which added Blackmore as a party plaintiff in the Hage cause of action. The suit was filed against the defendant, Trisha L. Pannkuk. Because the allegations in Count VI…
Plaintiff Mary Carmichael was injured in a car accident while she was riding in a six-passenger van owned and operated by Professional Transportation Inc. (PTI). The vehicle was being driven by Dwayne Bell. The van was used to shuttle Union Pacific employees between job sites. Carmichael sued PTI, Dwayne Bell and…
The plaintiff, Maria Papadakis, was injured when she slipped and fell on an unsecured piece of equipment while exercising at the defendant health club under the supervision of the personal trainer. The court was found to have erred in dismissing counts alleging willful and wanton acts by the personal trainer;…
Teresa Mroczko was employed by A & R Janitorial to do custodial work. On Aug. 17, 2012, she was injured while working at an Illinois Blue Cross/Blue Shield building. A desk, which had been moved during the renovation of the building, fell on her and she was injured. Pepper Construction…
During the discovery of this lawsuit, Scarlett Palm argued that she was entitled to the medical records of defendant Ruben Holocker based on the exception to the physician-patient privilege for “action brought by or against the patient . . . wherein the patient’s physical and mental condition is an issue.”…
Frank Barnai was injured while he was working for Summit Fire Protection Co. on a construction project. He sued the general contractor, International Contractors Inc. (ICI), the owner, Wal-Mart and electrical subcontractor, Nuline Technologies. These defendants then brought a third-party action against Summit Fire Protection Co. for contribution. Summit did…
A jury found that the defendant Charles Dahms acted negligently and with willful and wanton misconduct against the plaintiff, Terry Enadeghe, when he beat him with his briefcase during a morning encounter on the street. Dahms appealed arguing that the trial judge erred in relying on his prior criminal conviction…
In September 2016, we wrote about the Illinois Appellate Court decision in this case, Manago v. County of Cook, 2016 IL App (1st) 121365. In that case, the Illinois Appellate Court found that liens obtained by hospitals under the Hospitals’ Health Care Services Lien Act (770 ILCS 23/1 et seq.)…
A contract was entered into between Beckett Media LLC and OnRamp Technologies to allow Beckett to use OnRamp’s applications and websites for “inventory management and sales solution.” According to the contract, “in the event of any litigation of any controversy or dispute arising out of or related to this agreement,…