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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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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 [...] 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 [...] 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 [...] |
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