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Chicago Injury Lawyer Blog

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Summary Judgment for Defendant in Negligence Action Where Hazard was Open and Obvious- Deliberate Encounter Exception Did Not Apply in Swearingen v. Momentive Specialty Chemicals

The Illinois Appellate Court recently examined a landowner’s duty to warn visitors of an open and obvious hazard in Paul T. Swearingen v. Momentive Specialty Chemicals, Inc., No. 11-2088 (December 7, 2011). The personal injury claim examines whether a company and its employees owed a duty to a truck driver…

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Alternative Liability Rule Applied in Two-Vehicle Collision – Anderson v. Anderson

The Illinois Appellate Court reviewed the personal injury lawsuit of Anderson v. Anderson, 2011 Ill.App. (1st) 10034 (Sept. 30, 2011), to determine whether or not the trial judge had correctly ordered a new trial. After reviewing the case facts and the jury’s decision, the appellate court disagreed with the trial…

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$867K Medical Malpractice Verdict Upheld Despite Wrong Version of Jury Instruction – Studt v. Sherman Health Systems

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…

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Cook County Judge’s Ruling on Privilege of MRSA Data Reversed By Illinois Appellate Court – Zangara et al. v. Christ Medical Center

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…

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Cook County Multi-Vehicle Rear-End Accident Results in 8.4 Million Jury Verdict – Nofal v. Cardinal Transport, Inc.

It is one of the first things you learn in driver’s ed and is repeated over and over again to new drivers: always keep your eyes on the road. However, this advice is useful not only for new drivers, but for experienced drivers, too. Take for instance the case of…

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Cook County Anti-Cancer Drug Case Returns $5.42M Verdict

A Cook County jury returned a $5.42 million medical malpractice verdict in favor of the family of a woman who had been battling cancer. The Illinois wrongful death lawsuit claimed that the plaintiff’s oncologist negligently prescribed the patient a chemotherapy drug despite its known side effects. The decedent died as…

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