Carolyn Catchot slipped and fell at a shopping mall called the Shops at North Bridge in December 2008. She claimed that she had not noticed water on the floor before she fell, but as she lay there she found her hands and pants were damp with water and noticed a…
Articles Posted in Appellate Procedure
Illinois Appellate Court Requires Rental-Car Company to Pay $600,000 Default Judgment in Injury Case
Deshaw Nelson fractured his right femur in a car crash in 2007. The defendant in the case, Donald Artley, was driving an Enterprise Rent-A-Car vehicle. In January 2010, Nelson filed a lawsuit in the Circuit Court of Cook County alleging his injuries were caused by the negligence of the defendant…
Illinois Appellate Court Rules That Assignment of Guaranty Unenforceable Where the Guarantor is Not Aware of the Risks
An Illinois Appellate Court has affirmed a decision by a Cook County Circuit Court judge relating to a guaranty. In 2001, Paul Steiner and Ricky Nelson, representatives from Superior Wine Selections, submitted a credit application to a wine distributor, Morand. With the application, Steiner and Nelson each tendered a personal…
Illinois Appellate Court Decides Case of Timely Service When Reply Mailed
The Illinois Appellate Court has affirmed in part and reversed and remanded in part a decision of a Cook County Circuit Court judge. In this case, Osep Armagan filed a lawsuit against Michael, Kathy and Stephen Pesha, individually and as agents for Gold Dust Coins. Armagan claimed that he gave…
Illinois Appellate Court Reverses Jury Verdict Based on the Collateral Source Rule
The ruling by a Cook County trial judge mistakenly applying the collateral source rule against a jury verdict has been reversed. Hector Romero was alleged to have caused an automobile accident with the plaintiff, Sylvia Segovia. In that lawsuit, it was claimed that Segovia was injured while a passenger in…
Illinois Appellate Court Rules Reversible Error Occurred When Trial Judge Failed to Deliver Complete Jury Instructions
In February 2009, Valerie Mobley’s Subaru developed transmission problems. Mobley found Best Transmissions, which acted as a broker and referred auto repair jobs to various repair shops. Mobley called the number listed on the website that she found and spoke to a salesman who told her that a neighborhood shop…
Illinois Appellate Court Orders Punitive Damages Against Decedent’s Estate
F. Gary Kovac, the plaintiff in this matter, sued the estate of Kenneth L. Barron Jr. for compensatory damages and exemplary or punitive damages. In the majority of jurisdictions, punitive damages are not allowed after the death of the defendant tortfeasor. Kovac and Barron owned 50% of three different corporations.…
Illinois Appellate Court Finds in Favor of Insurance Company in Failure to Settle Case
In a case that involved a “duty to settle” claim, the Illinois Appellate Court affirmed a decision dismissing a claim made by the insured, Randy Powell against his auto insurance company, American Service Insurance Co. (ASI). It was alleged in the lawsuit by Randy Powell that Katie Linares broadsided his…
Illinois Supreme Court Accepts Premises Liability Case on Issue of Duty
In a case lawyers usually refer to as a slip and fall matter, Virginia Bruns sued the City of Centralia when she fell on a raised section of a public sidewalk while going to an eye clinic. The city’s records showed that the roots of a nearby tree caused the…
Limited Liability Company’s Member Not Liable in Fraud Claim
Craig Yale was a limited liability member of Wolcott LLC, a real estate development operation. The two plaintiffs, Dr.Biplob Dass and Brett Garry, brought a lawsuit against Wolcott LLC, claiming they were duped when purchasing a garden condominium unit from Wolcott. In the complaint it was alleged that the unit…