The Illinois Appellate Court ruled on a premise liability claim involving a building owner’s duty to maintain clear sidewalks and driveways. At issue was whether or not the plaintiff’s amended complaint raised new issues of fact in Kristopher McCarthy v. R&M Holdings & Quality, No. 1-10-2778 (February 2, 2012). While…
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…
The Illinois Appellate Court affirmed a circuit court’s ruling regarding the venue in a railroad employee’s personal injury lawsuit. While the railroad company had wanted to transfer the case to Mississippi, the Illinois courts supported the plaintiff’s choice of Illinois as the case’s venue. Fennell v. Illinois Central Railroad Company,…
The November 2011 issue of the Illinois Bar Journal contains an article entitled “Creditors Are Not Freeloaders: The Common Fund Doctrine Does Not Apply to Hospital Lienholders.” The law article was written by Kreisman Law Office principal Robert D. Kreisman. Kreisman has been representing Illinois plaintiffs in personal injury and…
In the recent case of Vincent v. Alden-Park Strathmoor, Inc., No. 110406, 2011 WL 1077706 (Ill.Sup.Ct.), the Supreme Court reviewed the nursing home malpractice lawsuit to determine whether or not punitive damages are allowed in the event that the wronged party is deceased. The Vincent case was filed by the…
The Illinois Supreme Court overturned an Appellate Court ruling regarding parents’ liability for underage drinking on their premises in Bell v. Hutsell, No. 110724 (May 19, 2011). The Appellate Court had found that the underage hosts’ parents were responsible for the death of one of the underage partygoers who drove…
In the premise liability lawsuit of Tilschner v. Spangler, No. 2-10-0111 (May 6, 2011), the Illinois Appellate Court was asked to determine whether a specific law was applicable in Illinois. After reviewing past Illinois case law, the appellate court held that §318 of the Restatement (Second) of Torts has not…
Legal venue is an important issue in many personal injury lawsuits, especially when the different states have different laws. In the product liability lawsuit of Joseph Murphy v. Mancari’s Chrysler Plymouth, Inc., No. 1-10-2178 (March 31, 2011), the Illinois Appellate Court sought to answer the question of whether Michigan law…
Illinois lawyers and judges are considering expanding juror’s roles in the trial process. Currently jurors take a fairly passive part in the trial process itself as they sit and listen to each side present his or her case. It is only when it is time to weigh the evidence and…
An Illinois Appellate Court denied defendant’s motion for a new trial in the Illinois auto accident lawsuit of Estate of Rosemary Oglesby et al. v. William Berg, et al., No. 1-09-0639. The defense’s appeal involved claims that the trial court had acted incorrectly when it refused to send one of…