Ambulance parked

Illinois Court on Ambulance Driver’s Liability for Car Accident

if you’re injured as a result of an automobile accident with an emergency services vehicle that is responding to a call, are you be able to receive compensation for your injuries? Well, the answer is–it depends. In Illinois, in many cases, responding emergency vehicles maybe held to be immune from liability, but ultimately, the facts […]

Downtown Chicago on cloudy day

Illinois Court Holds Lawsuit Against City of Chicago Can Move Forward

Is the City of Chicago liable for every accident that occurs when a pedestrian trips and falls on a public sidewalk? Of course not. But under certain circumstances, the City can be held liable. The Appellate Court of Illinois, First District, considered just such a scenario in Waters v. City of Chicago, (No. 1–10–0759). In […]

Stressed doctor holding chart

Illinois Court on Proving Liability for Medical Malpractice

Oftentimes, physicians are employed by more than one medical institution. This can make it difficult establish liability for negligent treatment in medical malpractice cases, since it is sometimes difficult to prove which hospitals employed a physician for the purposes of the negligent conduct at issue. This was the very issue presented in Turner v. U.S., […]

Business man slips on wet floor

Court Holds Illinois Hospital May Be Liable For Physician’s Fall

In Caburnay v. Norwegian American Hospital, No. 1-10-1740, the plaintiff was an anesthesiologist who tripped and fell in the lobby of the hospital where he worked. On the date of the accident, he was waiting for an elevator when he tripped over a floor mat that he alleged was folded. As he fell, he hit […]

Frontal vehicle collision

Defense Counsel Crossed the Line During Car Accident Trial

Sometimes during litigation, lawyers go too far. They become overzealous and let their personal experiences influence their tactical decisions. Unfortunately, doing so can oftentimes lead to disastrous results for your client. That’s exactly what happened in Petraski v. Thedos, No. 1 10-3218, a recent decision issued by the Appellate Court of Illinois, First District. The […]

Empty courthouse

I Just Want To Go To Trial

Most people feel that if they are in an auto accident, simply hire an attorney and go to trail. What they don’t understand is the logistics that it takes to go to trial. First, the court assigns the trial date; that date is dependent upon courts schedule, as well as the caseload of the prosecuting attorney.

Man driving in the city

Illinois Court Addresses Expert Testimony in Auto Defect Case

Is the plaintiff required to offer expert testimony in an Illinois automobile products liability design defect case? In a recent case from the United States Court of Appeals, Seventh Circuit, the plaintiffs asserted that expert testimony was not required to prove their claim that a 1993 Ford Explorer was defectively designed and overturned easily because […]

Construction worker

Illinois Court on Homeowner’s Liability For Worker’s Fall

In July, the Appellate Court of Illinois, First District, considered whether a homeowner was liable for the injuries sustained by a guest who fell as he walked down a flight of stairs. In Van Gelderen v. Hokin, No. 1-09-3283, the plaintiff claimed that the location of the door through which he exited in relation to […]

White courthouse

Illinois Court on Whether Release of Liability is Enforceable

Everyone signs them–those release forms that are often required before participating in a race or other physical activity. But, does signing that release actually prevent you from bringing a personal injury lawsuit in Illinois if you are seriously injured? An Illinois court considered that very issue last month in Hellwig v. Special Events Management, No. […]

Train tracks

US Supreme Court On Railroad’s Liability for Injury

To what extent is a railroad carrier liable under the Federal Employers’ Liability Act (FELA) to an employee injured while at work? The Supreme Court of the United States considered this very issue in a recent case that arose in Illinois, CSX Transportation Inc. v. McBride, No. 10-235. McBride was a locomotive engineer for CSX […]