HUNDLEY LAW GROUP » summary judgment

Court Allows Passenger Claim Against CTA

HLG — Fri, 18 Feb 2011 21:26:57 +0000

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 our client’s injuries. In Torf v. Chicago Transit Authority, No. 1-09-1710 (11/12/10, Corrected 12/8/10), the Illinois Appellate Court permitted this type of claim to go forward against the CTA.

In this instance, the Plaintiff was injured while she was attempting to evacuate a CTA train, per the CTA’s order, because a person on tracks ahead was apparently threatening suicide. The Plaintiff fell when two other passengers pushed her while exiting. The Appellate Court held that the trial court had improperly granted summary judgment for CTA, which had claimed that it cannot be held responsible for a battery committed by a third party. Battery, however, is an intentional act, and the facts of the case were not sufficient to conclude that the third parties had battered the plaintiff.

One Claim of Fatal Medical Neglect of Prisoner Upheld

HLG — Mon, 01 Nov 2010 22:00:59 +0000

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 care resulting in plaintiff’s death from a serious heart condition. The defendants who were dismissed were found to have either had no contact with plaintiff or attempted to assist the plaintiff, thereby not displaying deliberate indifference. However, the court reinstated the case against one nurse defendant who was aware of plaintiff’s heart condition, but allegedly refused to see her despite plaintiff demonstrating symptoms consistent with serious heart condition. In addition, the court found that the trial court committed error in failing to consider the opinions of the plaintiff’s expert linking plaintiff’s vomiting with her heart condition.

Norman v. Brandt

HLG — Sat, 13 Feb 2010 18:48:27 +0000

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 narrow country road and careened off road and rolled over in field.

Court upheld summary judgment for Defendant, however, finding that althoug Defendant exceeded speed limit, he did not commit tort in concert, per Restatement of Torts Section 876, as he was not attempting to race, horseplay, or drive in way to encourage or substantially assist the other driver to drive negligently.