Leona and Perry Smith were the co-guardians of the person, but not of the estate, of a profoundly disabled son, Perry Powell. A medical malpractice case was first initiated by Leona Smith related to the death of her husband, Perry Smith, which ended because of alleged legal malpractice. The issue in this…
A breach of contract case was interrupted by the death of the individual plaintiff, Theodore Sarche. Mr. Sarche’s death led to his law firm moving to appoint a special representative under Section 2-1008(a) of the Illinois Code of Civil Procedure. An affidavit was later supplied by Sarche’s sole surviving child, Michael…
The Illinois Supreme Court heard arguments in a car accident case regarding a lawsuit brought against a deceased motorist. Two years after a 2008 car crash, the plaintiff, Sandra Relf, filed a personal injury lawsuit against a motorist she believed was negligent in causing her injuries. The issue in this case…
On Sept. 21, 2010, Wayne Vroman claimed that his car was hit by a vehicle owned by Midwest Groundcovers, LLC, and driven by Judy Wenciker, a Midwest employee. Two months later, Vroman filed a negligence lawsuit against Midwest and Wenciker. On Jan. 10, 2011, the defendants’ lawyer filed a motion…
The lawsuit brought by Patricia Emrickson against Fernando Morfin was dismissed with prejudice because Ms. Emrickson’s attorney relied on an online search service that had inaccurate information about the current address for the defendant, Mr. Morfin. Under Illinois Supreme Court Rule 103(b), a suing plaintiff has a duty to use…
The Illinois Supreme Court has approved a policy allowing jurors to question witnesses in civil trials. The new rule, Illinois Supreme Court Rule 243, takes effect July 1. According to Chief Justice Thomas L. Kilbride, “Based on the comments of those who have used or seen the procedure at trial,…
A recent Illinois Appellate Court decision provided additional clarification regarding the admissibility of photographic evidence. At issue was whether or not a judge had correctly allowed photographs taken at the scene of an accident to be admitted into evidence during a Cook County personal injury trial. The appellate court ruled…
Illinois medical malpractice lawsuits rely on the assumption that a doctor, nurse, or facility violated the appropriate standard of care; therefore, all medical malpractice lawsuits require parties to establish the jury with a concept of what was in fact the acceptable medical standard of care. The jury is then instructed…
A Cook County hospital infection decision by the Illinois Appellate Court clarifies what types of medical records are discoverable. The court ruled in Joseph Zangara and Wayne Dziamara v. Advocate Christ Medical Center, Paul Gordon, et al., Nos. 1-09-1911 and 1-09-1914, that the defendant hospital was required to produce records…