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Green v. Northwest Community Hospital, No.1-09-2233 (April 28, 2010). In the uncertain post-Hudson landscape of when a plaintiff’s voluntary dismissal does or does not prevent a re-filing, this First District decision provides some clarity as to dismissal language that will steer clear of the “claim splitting” addressed in the Illinois Supreme Court’s case of Hudson [...]
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Hope v. Hope , No. 4-09-0707 (March 4, 2010). The fourth district upheld summary judgment for homeowner parents whose young adult daughter fell descending muddy steps (caused by the mother’s gardening activities). The daughter had encountered the muddy steps earlier in the day when she arrived at her parents’ home, but relied on the distraction [...] Dobyns v. Chung, M.D. , No. 5-07-0568 (April 7, 2010) Dealing a blow to the plaintiff’s decedent in a wrongful death case filed by widower alleging that the defendant physician over-prescribed narcotics and failed to adequately warn her about risk the of harm from taking several kinds together, the Fifth District of the Illinois Appellate [...] Simmons v. Homatas, No. 108108 (March 18, 2010) The Illinois Supreme Court held that a BYOB strip club that placed an intoxicated patron into his car after ejecting him from the club could not benefit from the liability shield of the the dram shop act and would be held accountable for a duty of care [...] Mason v. Smithkline Beecham Corp., No. 08-2265 (February 23, 2010) The 7th Circuit held that the district court erred in granting defendant-drug manufacturer’s motion for summary judgment in state law claims alleging that defendant was negligent for failing to warn plaintiffs’ decedent that taking Paxil increased risk of suicide among young adults. The district court [...] People v. Hammonds, No. 1-08-0194 (February 11, 2010). In a criminal case, appellate court seems to have upheld the “Cook County Rule” that it is not error for the trial court to have allowed police officers to testify about radio messages they received from other officers, as the other officers were also trial witnesses. Martinez v. Elias, M.D., No. 1-08-0265 (December 28, 2009). Court properly denied motion in limine to bar evidence of financial motive to perform surgery, which plaintiff claimed was unnecessarily performed by defendant orthopedic surgeon, therefore deviating from the standard of care. Motion for new trial was denied, but the court reversed a remittitur for $100,000 [...] Kaiser v. Doll-Pollard , No. 5-08-0247 (February 11, 2010). Court held that Plaintiff who underwent surgery at hospital in Clinton County (the complications of which were the subject of the suit) but was then transferred to a hospital in St. Clair County to diagnose and treat the resulting problems, could bring suit in St. Clair [...] Long v. Elborno, No. 1-08-1733 (January 21, 2010). In a refiled action in which the court had previously found Plaintiff failed to exercise reasonable diligence in serving Hospital, collateral estoppel applies to prevent Plaintiff from asserting that she was reasonably diligent in serving physician. (Plaintiff’s actions were identical for both parties during this time, and [...] White v. Garlock Sealing Technologies, No. 4-09-0036 (February 8, 2010). Persons whom a corporate or institutional party may be required to produce at trial under Rule 237(b) includes persons who are in a specific relationship to the party (as officers, directors, or employees) but does not also include those other persons who are under the [...] |
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