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Articles Posted in Evidence

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Illinois Appellate Court Finds that Witness Affidavit in Contradiction to Sworn Deposition Testimony Cannot be Used as a Basis to State a Claim

On Aug. 7, 2008, Frosini Xeniotis was evaluated by an oral surgeon, Dr. Cynthia Satko. One of Xeniotis’s baby teeth had never fallen out, and her adult tooth had grown in behind it. The result was just simply “not aesthetically pleasing” to Xeniotis. Xeniotis was referred to Dr. Satko by…

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Illinois Appellate Court Affirms that Dram Shop Liability Requires the Injured to Identify the Intoxicated Person

On Nov. 27, 2008, Galissa Brown walked out of the Nitro Nightclub in west suburban Stone Park, Ill., at about 1 a.m. She began walking with some of her friends to their car. The police had already been called to this nightclub because of 4 or 5 stabbings. It had…

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Chicago Park District Could be Held Responsible for Injury to a Child Under 12 at Playground Because there was no Published Restriction to Notify Potential Users

Cheneka Ross, 13, was playing tag at a Chicago Park District Park playground while being chased by another child. She ran to the slide to avoid being tagged by one of her playmates. Cheneka climbed up the slide and as she started to slide down, one of her feet became…

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Illinois Appellate Court Reverses Summary Judgment Where There Were Material Issues of Fact Yet to be Decided

In September 2008, Erica Perkins was involved in a car crash while driving a car owned by Beverly Perkins. LaTonya Reese and Kionna Griffin sued Erica Perkins for the injuries they suffered in the crash. American Access Casualty Co. issued a non-owner’s insurance policy to Erica Perkins and provided a…

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Illinois Appellate Court Finds in Favor of Property Owner Where There was No Actual or Constructive Notice of Danger

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…

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