The Illinois Appellate Court for the 1st District reversed and remanded a decision entered by a judge in the Circuit Court of Cook County. The issue on appeal was focused on a non-manufacturing defendant in a product-liability case. The defendant identified the manufacturer in order to be dismissed from strict…
In a personal injury lawsuit filed in Cook County concerning the pedestrian-vehicle collision that severely injured 2-year-old Angela Williams, the attorney representing Williams nonsuited the lawsuit in order to refile it with a jury demand. The plaintiff voluntarily dismissed the second amended complaint in April 2017 before refiling it days…
In an uninsured motorist case, Holly Shakelford sued Allstate Fire & Casualty Insurance Co. for 9 percent interest on a $16,000 arbitration award. She was seeking the 9% statutory interest provided by Section 2-1303 of the Illinois Code of Civil Procedure. A more accurate term for Section 2-1303 is the…
This case was brought as a declaratory judgment action filed by the plaintiff, Pekin Insurance Co., seeking a declaration that it owed the defendant Lexington Station LLC no duty to defend it in a personal injury lawsuit filed by Marcos Botello against Lexington. Pekin had issued a commercial general liability…
The Illinois Appellate Court for the First District modified and answered the certified questions in addition to remanding a lawsuit back to the Circuit Court of Cook County. On Oct. 4, 2013, Drew Williams, who played on the Lane Tech High School’s football team, “violently collided” with a teammate during…
Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter of business have a rule about preparing incident reports by employees or managers of these facilities. Suppose a customer at an automotive repair company is injured…
In 2006, Kipling Development Corp. was building a home in Will County, Ill. Kipling was the general contractor on the job. The firm hired subcontractors to handle specific pieces of the job, including Speed-Drywall and United Floor Covering. A service technician, Brian Harwell, entered the worksite to replace a furnace…
In the opinion written by the Illinois Appellate Court for the 4th District, the appellate court upheld the right of an injured plaintiff to recover the full amount of medical expenses if that amount had been written off by the medical provider. In the underlying case, a Coles County jury…
In a new piece of legislation, 735 ILCS 35/1, et seq., Illinois joins more than three dozen other states in enacting some form of the Uniform Interstate Deposition and Discovery Act. The act creates a simpler means in which to conduct discovery out of state. This will make it easier…
The Illinois Appellate Court has affirmed the dismissal of a 42-count fourth amended complaint for damages arising from an automobile accident in December 2009. The case involved injuries to the wife and son of Nicholas Skridla — Margaret and Maxamillian. The appeal pertains only to the claim of spoliation of…