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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 [...]
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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 [...] Norman v. Brandt, No. 4-09-0246 (February 4, 2010). Plaintiff alleged that Defendant, who offered to lead cars of friends who were heading to lake to swim, drove his vehicle “in concert” with driver of vehicle from which Plaintiff was thrown to cause his injuries and death. Plaintiff’s vehicle was following closely behind Defendant on a [...] Jablonski v. Ford Motor Company, No. 5-05-0723 (February 1, 2010). A jury verdict for $43 million, including $15 million in punitive damages is upheld in this products liability action. Plaintiffs, in 1993 Lincoln Town Car, were rear-ended in dead center of car, at about 60 mph; fuel tank was crushed, and pipe wrench in trunk [...] New v. Pace Suburban Bus Service, Nos. 1-08-3605 & 1-08-3606 (January 27, 2010). Although plaintiff’s counsel was denied j.n.o.v. following a defense verdict, the appellate court upheld Rule 219 discovery sanctions of $17,000 for plaintiff’s counsel’s attorney’s fees and costs relating to deposition of defense medical expert who “resigned” after deposition, as defendant had prior knowledge [...] Agins v. Schonberg, No. 1-08-3207 (1st Dist. Dec. 23, 2009). Counsel for estate of deceased physician who was suing another physician for malpractice waived the protections of the Dead Man’s Act (which prevents a living party from testifying to certain things that occurred during the life of, and in the presence of, the deceased) by [...] Doria v. The Village of Downers Grove, No. 2-08-0821 (2d Dist. Dec. 29, 2009). The Village of Downers Grove was held immune from liability (under Section 3-102(a) of Tort Immunity Act) for a man’s fall at border of gravel and paved surfaces because despite the man having parked his car in the gravel lot, the court [...] Allstate Insurance Company v. Greer, No. 3-08-0654 (3d Dist. Dec. 30, 2009). Insurance carrier permitted to deny coverage to insured on homeowner’s policy when allegation is that homeowner supplied alcohol to teen who became intoxicated and died in motor vehicle collision. Homeowner/policyholder had pled guilty to misdemeanor, thereby triggering policy’s exclusion for criminal acts. Verploegh v. Gagliano, No. 3-08-0930 (3d Dist. Dec. 18, 2009). A seven month delay in service held to be reasonably diligent under Sup. Ct. R. 103(b). |
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