Court Allows Passenger Claim Against CTA

Claims against any defendant for injuries caused by an independent third party always pose challenges for plaintiffs. At the Hundley Law Group, we evaluate these claims to determine whether or not the action, inactions, or policies of the institutional defendant (often the landowner or a common carrier) can be found to have legally contributed to [...]

Message in Wisconsin: Lowering minimum insurance limits is bad policy

Associated Press (2/7, Bauer) reported, “Minimum levels of car insurance that were increased two years ago would drop back down again under a bill up for a vote in the state Senate.” The bill would also make underinsured coverage voluntary, and allow insurers to categorize first-time buyers in a high-risk, higher-cost category. Wisconsin Association for [...]

One Claim of Fatal Medical Neglect of Prisoner Upheld

Gayton v. McCoy, No. 08-2187 (1/28/10) The Seventh Circuit Court of Appeals has upheld summary judgment in favor of several of the defendants (certain prison officials and medical personnel) in a Section 1983 civil rights action. The court found that the defendants did not violate the plaintiff-prisoner’s due process rights by failing to provide adequate medical [...]

Some Post-Hudson Clarity on Voluntary Dismissal

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 [...]

Recovery for slip and fall injuries is further muddied

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 [...]

Illinois Law - Wrongful Death Jury Verdict

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 [...]

Illinois Law - Negligence, Dramshop Act

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 [...]

A Post-Wyeth Preemption decision for the Plaintiff

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 [...]

Illinois Law - Hearsay

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.

Illinois Law - Motions in Limine, Medical Malpractice

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 [...]