James Archibald was a diabetes patient who had called his wife to say he was coming home from work early because he was feeling ill. Archibald was driving along a westbound rural road in southern Illinois at about 9 p.m. Suddenly, he encountered a hazard: A tractor-trailer owned by Orbit…
Articles Posted in Evidence
Illinois Appellate Court Affirms Open-and-Obvious Doctrine Unavailable in Elevator Door Case
Robert Greenhill, the plaintiff, was a sprinkler fitter for a construction project when he was injured at work by a freight elevator. While he was entering the elevator, another passenger pressed the “door close” button and the elevator gate descended, striking Greenhill. The Illinois First District Appellate Court held that…
U.S. Court of Appeals Affirms Summary Judgment in Favor of Corporation Whose Driver of the Truck in a Rear-End Crash Was an Independent Contractor
Marina Kolchinsky and her mother, Lidia Kolchinsky, were severely injured in a car collision with a tractor-trailer in Illinois. They sued the truck driver and the two companies that contracted with him. The Kolchinskys filed in federal court based on diversity of citizenship. Illinois law controlled. The district court entered…
Illinois Appellate Court Finds That Decedent’s Discovery Deposition Should Be Used as Evidence at Trial Pursuant to Supreme Court Rule 212(a)(5)
This was a negligence lawsuit in which the defendant died two years after his discovery deposition. In this case, the Illinois Appellate Court was unanimous on the dispute about the Illinois Dead-Man’s Act, 735 ILCS 5/8-201. However, justices of the 5th District, Judy L. Cates and David K. Overstreet, disagreed…
Illinois Appellate Court Reverses Summary Judgment in Police Pursuit That Resulted in Two Deaths
On April 10, 2014, two Chicago police officers noticed a car without a front license plate, and they attempted to pull it over. The vehicle, which was being driven by Glenn Jones, was owned by Dalia Smith who was a passenger in the car. As the Chicago police officers attempted…
Illinois Appellate Court Reverses Jury Verdict Where Expert Testimony Was Based in Part on Barred Evidence
An Illinois Appellate Court for the First District reversed and remanded a decision from a Cook County trial judge after it entered a judgment order following a jury verdict. Scott Gilman drove over one of Sweta Karn’s feet as he was making a left turn at a Chicago intersection on…
Illinois Appellate Court Reverses Order of New Trial After $9.9 Million Jury Verdict from Crane-Lift Injury
Plaintiff Frank Russo filed a lawsuit against the defendant, Corey Steel Co., to recover damages for injuries he suffered when a crane struck a lift in which Russo was working at the defendant’s plant. Corey Steel admitted liability, and the matter proceeded to a trial before a jury to deliberate…
$4.5 Million Settlement Reached in Fatal Injury to Bicyclist
In a confidential report of this case, Mr. Doe, 47, was riding his bicycle to work in a designated bicycle lane when he was struck by a truck driven by the defendant, Roe Waste Hauling Co. The driver of Roe Waste Hauling was attempting to make a right turn into…
Illinois Appellate Court Reverses Defense Verdict in Rear-End Car Crash
This was a case of a rear-end car crash in which the plaintiff, William Kevin Peach, brought a lawsuit against Lyndsey E. McGovern stemming from personal injuries he sustained in an automobile incident. The jury returned a verdict in favor of defendant, and the judgment on the verdict was entered.…
U.S. District Court Agrees that Stipulated Videotaped Statements — Although Hearsay — Should Have Been Seen by the Jury
The U.S. Court of Appeals for the Seventh Circuit has reversed a decision by a district court judge of the Southern District of Illinois. Reginald Pittman was a pretrial detainee in the Madison County Jail when he hanged himself from the bars of his cell with a blanket. He did…