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The Chicago Bar Association Tort Litigation Committee's |
Tort Reporter |
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Issue 13 - April 2011Editor's Page By Michael W. Tootooian Welcome to our thirteenth issue of The Tort Reporter. As always we are looking for members of the Tort Litigation Committee to join the newsletter committee, either as permanent members or contributing writers. We plan on having a second issue published before the end of the committee year in June. For those of you in the N-Z group of attorneys needing to meet your current MCLE requirements by June 30, 2011, this newsletter can provide you with the opportunity to help you meet those requirements... Clerk's Office Corner By Jalyne R. Strong-Shaw The Honorable Dorothy Brown recently announced that the Office of the Clerk of the Circuit Court Cook County has enhanced its Electronic Filing (E-Filing) service in the Commercial Litigation Section of the Law Division, by adding a motion spindling feature that enables filers to receive their court dates electronically. Clerk Brown also emphasized that the E-Filing system with motion spindling was developed at “no cost” to taxpayers... Internet Marketing Interview By Kirk Chocholek How did you learn so much about web design and Internet marketing? Everything I know I learned from watching other web designers, reading web design and marketing books, following industry blogs, and from simply building and managing numerous websites over the years.... The Dramshop Act By Ronald E. Neroda In 1872, the Illinois legislature passed what is now referred to as the Dramshop Act. The current language of the Act provides in part: Every person who is injured in person or property by any intoxicated person, has a right of action in his own name, severally or jointly, against any person who by selling or giving alcoholic liquor, causes the intoxication of such person.... Previous IssuesIssue 12 - March 2010Editor's Page By Michael W. Tootooian Welcome to our twelfth issue of The Tort Reporter. As always we are looking for members of the Tort Litigation Committee to join the newsletter committee, either as permanent members or contributing writers. We plan on having a third issue published before the end of the committee year in June. For those of you in the A-M group of attorneys needing to meet your current MCLE requirements by June 30, 2010, this newsletter can provide you with the opportunity to help you meet those requirements... Dealing With Questions Posed by the Jury During Deliberations By Lawrence P. Devens Recognizing that the matter of instructing juries is "one of the greatest obstacles to the prompt and true administration of justice in the trial of jury cases," the Illinois bench and bar set upon the mission that ultimately resulted in the Illinois Pattern Jury Instructions... Highway Jurisdiction - Ownership of the underlying public right of way should never be considered in issues concerning highways. By Michael Griffin All public highways are maintained by the government agency that has jurisdiction of the highway. The Illinois Department of Transportation (IDOT) defines jurisdiction as "the authority and obligation to administer, control, construct, maintain and operate a highway subject to the provision of the Illinois Highway Code"... Remittitur: Testing the Flexibile Limits of Fair and Reasonable Compensations in Diaz V. Legat By Mark Szaflarski Remittitur is defined as "the procedural process by which a verdict of the jury is diminished by subtraction." Black's Law Dictionary. The standard of review for judging whether the award or denial of remittitur is proper is an abuse of discretion standard... Will Insurance Coverage Become Illusory? By Michael W. Tootooian There is a joke about insurance that has an element of truth to it. The joke goes –“You buy insurance for peace of mind - if you want coverage that will cost more.” There is also a legal saying that “bad facts make bad law.” The cases discussed in this article arguably have elements of these two aphorisms... Issue 11 - December 2009
Editor's Page
By Michael W. Tootooian Welcome to our eleventh issue of The Tort Reporter. As always we are looking for members of the Tort Litigation Committee to join the newsletter committee, either as permanent members or contributing writers. Writing articles for our committee is a great way to network with your fellow attorneys, impress your clients (and your parents) and build up your résumé... Clerk's Office Corner By Jalyne R. Strong-Shaw On Monday, November 23, 2009, the Honorable Dorothy Brown launched an Imaging and Document Management System (IDMS) pilot in the Chancery Division of the Cook County Circuit Court Clerk’s Office, one of several “Green Court” technology initiatives implemented this year in one of the world’s largest unified court systems... Illinois Supreme Court Clarifies Proximate Cause Standard By Terry Hackett In a recent 5-1 decision, the Illinois Supreme Court confirmed the well known principal of tort law that a plaintiff in a tort action bears the exclusive burden of proof to establish the element of causation through competent evidence, and the defendant has the right to rebut such evidence and to also establish that the conduct of another causative factor is the sole proximate cause of the injury... Another Look at Dicosola V. Bowman - The Debate Continues By Brian R. Shoemaker The admissibility (relevance) of post-accident vehicle photographs continues to provoke debate as appellate courts throughout the state still disagree as to whether photographs are admissible into evidence absent expert testimony. The debate specifically is about whether post-accident vehicle photographs can be admitted into evidence as an indicator of human injury without the foundational requirement of an expert... Illinois Supreme Court Holds Employer Strictly Liable For Supervisory Sexual Harassment By Darcy L. Proctor and Jody Knight Sexual harassment claims can be a serious liability issue for employers. Under a recent Illinois Supreme Court decision these claims are likely to increase. Employer liability was expanded for a supervisor’s sexual harassment even if the harasser is not the employee’s supervisor, and regardless of whether the employer was aware of the harassment or took measures to correct the harassment... Issue 10 - June 2009
Editor's Page
By Michael W. Tootooian Welcome to our tenth issue of The Tort Reporter. As always we are looking for members of the Tort Litigation Committee to join the newsletter committee, either as permanent members or contributing writers. Writing articles for our committee is a great way to network with your fellow attorneys, impress your clients (and your mother) and build up your résumé... Clerk's Office Corner By The Honorable Dorothy Brown's Clerk's Office The Honorable Dorothy Brown launched an Electronic Filing (E-Filing) pilot on Monday, May 11, 2009, in the Office of the Clerk of the Circuit Court Cook County, making Cook County the largest court system in the world to initiate this "Green Court" technology. Clerk Brown announced that this system has been developed at "no cost" to taxpayers... Clerk's Office Corner - Photographs from E-Filing Launch Change in Product Liability Precendent Yields New IPI Instruction By Bruce R. Pfaff Illinois adopted strict product liability in 1965. To prove a case, plaintiff must establish the product is "unreasonably dangerous" and that the unreasonably dangerous condition of the product proximately caused the injury. IPI Civil 400.02. The IPI Committee approved the definition of "unreasonably dangerous" in the 1970's and its words are familiar to all of us who try products cases... What are "Costs," Anyways? By Brion Doherty Illinois Code of Civil Procedure provides that a prevailing plaintiff in a civil action may recover costs against the defendant. Similarly, defendants or the party that is awarded judgment on a motion may recover costs. It is not always clear, however, exactly what the term "costs" encompasses. The term is not clearly defined and the authority to award costs can be found in several statutes. This article explores what costs Illinois courts have deemed recoverable from an opponent in a civil case... Issue 9 - February 2009
Editor's Page
By Michael W. Tootooian Welcome to our ninth issue of The Tort Reporter. We are looking for members of the Tort Litigation Committee to join the newsletter committee, either as permanent members or contributing writers. Writing articles for our committee is a great way to network with your fellow attorneys, impress your clients (and your mother) and build up your résumé... Clerk's Office Corner By The Honorable Dorothy Brown's Clerk's Office As the year 2009 begins, the Office of the Honorable Dorothy Brown, Clerk of the Circuit Court of Cook County, will either launch or continue the implementation of a slate of new electronic court (e-court) programs that will increase efficiency within the Clerk's Office and enhance customer service for court users and justice system stakeholders... Clerk's Office Corner - Attorney Services Newsletter The Construction Safety Act By Bridget Duignan House Amendment No. 2 to House Bill 2094, otherwise known as the Construction Safety Act (hereinafter referred to as the "Act"), was introduced in the Illinois House during the 95th General Assembly to promote workplace safety and to afford relief to workers who suffer from construction related injuries... Online Investigation: Basic Tips for Finding Facts and People in Cyberspace By Kirk Chocholek The information age has revolutionized the legal industry offering attorneys and firms unprecedented access to public information through the internet. One can now find information about individuals, companies, and organizations relatively quickly with the assistance of search engines and other online resources... Admissibility of Prior Convictions as Impeachment in Illinois Civil Cases By Robert M. Winter At one time at common law, a person who had been convicted of a crime was disqualified from testifying in court. Cleary and Graham's Handbook of Illinois Evidence, §601.7 (9th Ed.). Once it was decided that witnesses with prior convictions would be permitted to testify, the issue arose as to whether their prior convictions were relevant and material, i.e. admissible. In 1971, the Illinois Supreme Court held that Rule 609 of the Federal Rules of Evidence, which sets forth the standard for admissibility of a conviction, should be followed in Illinois criminal cases... Issue 8 - June 2008Editor's Page By Michael W. Tootooian Welcome to our eighth issue of The Tort Reporter. As always we are looking for members of the Tort Litigation Committee to join the newsletter committee, either as permanent members or contributing writers. Writing articles for our committee is a great way to network with your fellow attorneys, impress your clients (and your mother) and build up your resume. More importantly, Beth McMeen, CLE Director for the CBA, in response to a written inquiry from me earlier this year has stated that writing substantive law related articles for our newsletter will qualify for MCLE credit under MCLE Rule 795(d)(7)(ii)... Interview with Judge Jennifer Duncan-Brice Cook County Law Division By Daniel M. Extrom Spending an hour in Judge Jennifer Duncan-Brice's chambers can only be described as a pleasure. She is kind, pleasant, relaxed, open and interesting. She loves what she does, and she understands the importance of what she does, and she takes very seriously the duties of her office. Yet, she is so much more than a judge, and while the office is a part of her life, one gets the impression that it does not define her life. She is as much a wife and a mother of two successful grown children as she is a judge, and she is comfortable with all of it... Vision Point v. Haas: Synopsis and Rules for Practice By Kenya Jenkins-Wright The Plaintiff filed a complaint against the defendants for breach of fiduciary duty, tortious interference with plaintiff's business relationships, unjust enrichment, and violation of the Illinois Trade Secrets Act. During the course of the litigation, defendants sent plaintiff their "Rule 216 Request for Admission of Facts." Plaintiff timely answered the requests to admit. The final page of the plaintiff's responses was signed by the plaintiff's attorney. On a separate page the plaintiff signed a 1-109 verification page. Defendants filed a Motion to Strike Plaintiff's Responses and Deem the Facts Admitted, arguing that the plaintiff's responses were defective for the following reasons... Issue 7 - December 2007
Editor's Page
By Michael W. Tootooian Welcome to our seventh issue of The Tort Reporter. As always we are looking for members of the Tort Litigation Committee to join the newsletter committee, either as permanent members or contributing writers. This is a great way to network with your fellow attorneys, impress your clients (and your mother) and build up your resume. We are hopeful that writing articles for the newsletter will qualify for MCLE credit... Clerk's Office Corner By The Honorable Dorothy Brown's Clerk's Office The Office of the Clerk of the Circuit Court of Cook County's web site, www.cookcountyclerkofcourt.org, offers myriad beneficial services. Although it is not the official record of the court, the Full Electronic Docket Search is a service that can be used to gain a general understanding of a case's history and disposition... Interview with Honorable Ronald Davis By Thomas J. Keevers "If you need to get something done, ask a busy person," goes the old maxim-and around the Circuit Court of Cook County that person would be Judge Ronald Davis. Just observing his energy at the court house, at the CBA and the ISBA, not to mention his volunteer work, would leave a fit man breathless... 10 Musts to Pursuing an Automotive Product Liability Case By Tony Di Viesti Early evaluation to determine the strengths and weaknesses of an automotive product liability case is absolutely essential. Litigating these types of cases can be complex, technically challenging and very costly. This article provides some guidelines to use when deciding whether or not to pursue an automotive product liability case... The Written Notice Requirement of the Health Care Services Lien Act By Michael Kaczmarek The Health Care Services Lien Act, 770 ILCS 23/10 et. seq., became effective July 1, 2003. This Act repealed numerous medical care lien acts, and provided a single streamlined method for adjudicating the liens of all health care professionals and health care providers... Now You See It - Now You Don't: The Supreme Court Reverses Course On Its Interpretation of Willful and Wanton Conduct By Michael W. Tootooian On February 16, 2007, the Supreme Court reversed itself when it issued its opinion in Murray v Chicago Youth Center, 224 Ill.2d 213, 864 N.E.2d 176, 309 Ill.Dec. 310 (2007). You would never know by reading this opinion that just seven months earlier the Supreme Court had reached a different result - one that can no longer be found. (This previous decision was Murray v Chicago Youth Center, - - - N.E.2d - - - -, 2006 WL 1822656 (Ill.), referred to herein as Murray I for the reader's convenience)... Issue 6
Editor's Page
By Michael W. Tootooian Welcome to our sixth issue of The Tort Reporter. As always we are looking for members of the Tort Litigation Committee to join the newsletter committee, either as permanent member or contributing writers. This is a great way to network with your fellow attorneys, impress your clients (and your mother) and build up your resume... Running for Elected Office By Zane D. Smith So you think you want to run for office. You have been mulling around the idea for a while and you like the concept of hundreds, if not thousands of adoring constituents contacting you, applauding your speeches, looking to you for direction and leadership to solve the community's problems using your God given talents... Targeted Tenders By Thomas J. Keevers The term "targeted tender" refers to a policyholder's right, where the policy holder is covered by more than one insurance policy, to choose a particular insurance company to defend and indemnify the policyholder in a law suit, to the exclusion of other insurance companies... Public Policy, 2-1117 and Settling Defendants: 1986 Revisited By Joseph M. Eichberger Smith Amundsen This article examines the concurring opinion by Justice Hoffman in Ready v United/Goedecke Services, Inc., 367 Ill.App. 3d 272, 854 N.E.2d 758 First Dist., 2006) and reviews part of the published record from the 84th Illinois General Assembly's debate on joint and several liability. The author of this article maintains that the public policy, crafted in 1986, carefully examined the dilemma posed by Justice Hoffman in Ready... Issue 5
Editor's Page
By Michael W. Tootooian Welcome to our fifth issue of The Tort Reporter. This is the third year that the Tort Litigation Committee has published a newsletter. As we start the 2006-2007 committee year, we are looking for members of the Tort Litigation Committee to join the newsletter committee, either as permanent members or contributing editors... Legislative Year in Review By Brad Balke This year, the Spring Legislative Session was markedly shorter than usual (ending in early May instead of early June) because it is an election year and many of legislators were anxious to get back to their districts to campaign. Even with the shortened session, legislators proposed many bills of interest to torts lawyers-some of which passed, and some that did not... Judge's Corner By Steven J. Rizzi Judge Robert Lopez Cepero was inspired by several of his undergraduate professors at Harvard University to become an attorney. After becoming an attorney, he went into private practice. He has been on the bench for almost 12 years. But Judge Lopez Cepero told me that the best thing that has ever happened to him was meeting his wife, Elizabeth. She is an attorney and also has an L.LM degree in Health Law. Clerk's Office Corner By The Honorable Dorothy Brown's Clerk's Office The Office of the Clerk of the Circuit Court of Cook County staff is always working on ways to better serve our customers and the general public. As a reminder, the Clerk's Office has an automated e-mail case monitoring service for attorneys. On June 3, the Clerk's Office will host an Expungement Summit and is seeking volunteer assistance from attorneys. "Natural Accumulation Rule" Deemed Instructive in Non-Snow/Ice Premises Case By Anthony J. McMahon In Kelly and Dale Pageloff v. Maxine Graumer and Ruffit Park, __N.E.2d___ (3rd Dist. 2006) the Third District affirmed summary judgment in a premises liability case where an accumulation of falling nuts from a tree were the cause of the loss. In its holding the Court found "instructive" the natural accumulation rule" typically reserved for snow and ice cases... Issue 4
Editor's Page
By Michael W. Tootooian Welcome to our fourth issue of The Tort Reporter. We expect to have one more issue before the current committee year ends. Our last issue before the break will be in June. As always, we are looking for members of the Tort Litigation Committee to join the newsletter committee either as permanent members or contributing writers... Case Law Updates By Daniel M. Extrom Case Law Updates from November 2005 to January 2006 A Rule 237 Conundrum By Daniel M. Extrom The intention in creating the Mandatory Arbitration Program was to simplify the litigation process for cases involving lesser damages. But the reality is sometimes different from the intention.... Clerk's Office Corner By The Honorable Dorothy Brown's Clerk's Office The Office of the Clerk of the Circuit Court of Cook County is dedicated to upgrading services to meet the needs of its customers. Two of the most significant improvements made that may be of special interest to attorneys are the "Global Filing" and "Self Service No Fee Filing Boxes" programs... Apportionment of Fault Among Settling Defendants By Michael W. Tootooian The Illinois Supreme Court is currently considering the issue of whether a settling party should be included on the verdict form in calculating the remaining parties' percentages of fault to determine several liability pursuant to §2-1117 of the Illinois Code of Civil Procedure... Skaggs v Senior Services of Illinois, Inc Issue 3
Notes from the Chair
By Benjamin A. Crane Welcome to the third installment of the Tort Reporter! Our committee is thrilled that this new endeavor is getting legs, and we plan to have three to four editions of the Tort Reporter per bar year (September to May)... Judge's Corner By Steven J. Rizzi When I met with Judge Brigid Mary McGrath to interview her for this article, she had just finished with back-to-back jury trials. She is currently assigned to Commercial Calendar U in the Law Division... Clerk's Office Corner By The Honorable Dorothy Brown's Clerk's Office For five years the Honorable Dorothy Brown has been committed to enhancing the Office of the Clerk of the Circuit Court of Cook County through improved 21st century technology, customer service, employee development and training, operational efficiency and financial accountability... Tort Reform Update By Anthony J. McMahon In July of this year the Illinois General Assembly passed 735 ILCS 5/2 or "tort reform" regulating medical malpractice lawsuits and effectively "capping" non-economic damages. While no one can say what the future holds for this area of personal injury practice one thing is for sure: it will be changing... Case Law Updates By Daniel M. Extrom Case Law Updates from June 1 to October 31, 2005 Recognizing Third Party Personal Injury Suits By Rajesh Kanuru, J.D. MBA Whenever a person gets injured while on the job, the first thing that comes to their mind and to mind of their attorney is to file a workers' compensation claim. What is often overlooked and missed is that while there is a workers' compensation claim there is also the possibility of a third party personal injury suit... Is the Insurer-Insured Privilege Broader than the Attorney-Client Privilege? By Benjamin A. Crane A review of the Insurer-Insured relationship when used as a shield by a corporate defendant. Issue 2
New Case Evaluation from a Defense Perspective
By Michael W. Tootooian When defense counsel receives a case, a thorough preliminary review can make the difference between a favorable resolution of the case early on or later, malpractice or paying too much on a claim. By following the steps outlined below, you will be able to set in motion the best possible defense for your client... Articles for Issues 1 and 2 cannot be located at the present time. If you have a copy of any of these articles, please e-mail them to Michael W. Tootooian at mwtootooian@aol.com. © 2012 by The Chicago Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. |
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