Defendant Mancari’s Chrysler Plymouth dealership in Cook County lucked out with an ideological “get out of trial free” card in a product liability case involving a car sold at his dealership. Murphy v. Mancari’s Chrysler Plymouth, Inc. 2008 WL 927727. The Illinois Appellate Court’s clarification of section 2-261 of the…
When you go to the hospital for a surgery you are seen by a bevy of treaters- anesthesiologist, surgeon, attending physician, residents, etc. And all of them are employed by the hospital, right? Wrong. Many of the physicians that practice at a hospital are actually independent contractors and the hospital…
Patient responsibility is a common phrase bantered around in medical negligence cases. It refers to the patient’s obligation to accurately represent their symptoms and complaints. The main reason this is an issue hinges on the fact that a large part of what a treating physician relies on, at least in…
A Lake County, Illinois circuit court presided over Muno v. Condell Medical Center, et al., (No. 2-06-0587), a medical negligence case where a minor died after the planned surgery failed with respect to the anesthesiology provided. In this case, the anesthesiologist and his group decided not to bill the family…
NASCAR driver Michael McDowell walked away from a violent rollover car crash during a race at the Texas Motor Speedway earlier this year. After skidding into a wall and flipping across the track several times he climbed out of his crashed vehicle unhurt. This complete lack of injury is unimaginable…
This 4th of July was the 232rd birthday of the United States. John Adams called the day in 1776: “a day of deliverance”, with “…pomp and parade…shows, games, sports, guns, bells, bonfires and illuminations from one end of this continent to the other from this time forward forever more.” And…
On June 26, 2008 the U.S. Supreme Court ruled that the District of Columbia’s total ban on handguns violates the Second Amendment and its protection of an individual’s right to possess firearms. D.C. law bans handgun possession by making it illegal to carry an unregistered firearm and prohibits registration of…
A recent decision by an Illinois Appellate Court continued the debate regarding the interpretation of the construction statute of repose (Illinois Code of Civil Procedure, Section 13-214(b)). The construction statute of repose states: No action based upon tort, contract or otherwise may be brought against any person for an act…
The Illinois Supreme Court handed down a controversial decision interpreting the Illinois Wrongful Death Act. The Illinois wrongful death case, Williams v. Manchester, 2008 WL 879036 (Ill Sup Ct), involved a pregnant woman, the plaintiff, Michelle Williams, who was 10.5 weeks pregnant when she was seriously injured in a car…
Loyola University Medical Center was held liable by a Cook County jury in 2006 for “institutional negligence” involving the unsuccessful heart transplantation attempt of Carl Longnecker, the plaintiff decedent. The hospital was held liable for not ensuring that a doctor understood his role on the heart transplant team. At the…