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Articles Posted in Illinois Civil Procedure

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Illinois Appellate Court Affirms Defense Verdict in Medical Malpractice Lawsuit, Polling Deadlocked Jurors

In this medical malpractice lawsuit, the plaintiff claimed the judge’s questioning of “Juror 3” coerced a verdict. The judge gave a Prim instruction (Illinois Pattern Jury Instruction, Civil No. 1.05; People v. Prim, 53 Ill.2d 62 (1973)) on the second day of deliberation after receiving two jury notes. The first…

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Illinois Supreme Court Affirms Appellate Court Reversing Trial Court’s Refusal to Allow Plaintiff to Redesignate a Controlled Expert Witness to Consultant

Alexis Dameron was held in contempt for refusing to comply with the Circuit Court of Cook County’s discovery order. Under the order, she was required to disclose the report of Dr. David Preston to the defendants Mercy Hospital & Medical Center and several physicians who were defendants in this lawsuit.…

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Illinois Appellate Court Affirms $1.49 Million Jury Verdict and Interest After Judgment Was Entered

The signed forms juries bring back with their findings when deliberations are completed are typically referred to as verdicts. Section 2-1303 of the Illinois Code of Civil Procedure calls for computing post-judgment interest on verdicts “from the time when made or rendered to the time of entering judgment upon the…

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Illinois Appellate Court Answers Two Questions Regarding Right to Cross-Examine Expert, Remands Case for Further Proceedings

In March 2014, plaintiff Dawn Verci filed a negligence lawsuit against defendants Michael High and International Union of Operating Engineers, Local No. 649. She claimed that as a result of the defendants’ negligence, she was injured and underwent medical treatment that cost more than $1 million. The majority of her…

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Illinois Appellate Court Reverses Cook County Judge’s Order As to Disclosure of Plaintiff’s Mental Health Records

Jeff Sparger, on behalf of his daughter, sued the University of Chicago Medical Center and Dr. Bakhtiar Yamini, alleging that the doctor’s negligence in repairing a spinal fluid leak caused his daughter to develop meningitis. The Cook County judge ordered Sparger to disclose the records from two hospitals that his…

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Illinois Appellate Court Reverses $1 Million Jury Verdict Because of Confusing and Ambiguous Special Interrogatory

Michelle Morrison, a senior account representative in the Alexian Brothers Behavioral Health Hospital’s billing department, sent a woman referred to here as “Jane Doe” and others “vile and shocking” letters on the hospital’s letterhead. Morrison was fired in July 2010 for using the hospital’s computer system for personal searches. After…

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Illinois Appellate Court Reversed Summary Judgment Following the Mental Health Code in Detaining Suicidal Patient

Anita Irvin went into the emergency room complaining of swelling and pain in her leg. During that visit, her primary care physician informed the emergency-room physician that she had recently made suicidal ideations. The emergency-room staff prevented Irvin from leaving the hospital, dressed her in a paper hospital gown, and…

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Illinois Appellate Court Affirms Denial of New Trial Because of Absence of Expert Witness in Medical Negligence Lawsuit

Ferid Okic’s common bile duct was damaged during a routine gallbladder removal surgery. His injury went undiagnosed for over a month, requiring corrective surgery and significantly delaying Okic’s recovery. Okic sued his surgeon, Dr. Athanasios Diniotias, alleging that both the surgeon negligently performed the surgery and that he was negligent…

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Illinois Supreme Court Affirms Special Interrogatory Was Inconsistent with General Verdict, Reversing in Plaintiff’s Favor

The Illinois Supreme Court was asked to determine whether this special interrogatory given to the jury in this lawsuit was in proper form and whether the jury’s answer to the special interrogatory was inconsistent with its general verdict in the plaintiff’s favor. The Circuit Court of Winnebago County held that…

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Illinois Appellate Court Reverses Decision that Party Can Change a Testifying Expert to a Non-testimonial Expert

In August 2013, Alexis Dameron underwent surgery at Mercy Hospital and Medical Center where she claimed to have sustained injuries due to medical negligence. She filed a medical malpractice case against Mercy and various employees at the hospital on Nov. 6, 2014. During discovery, she disclosed that Dr. David Preston…

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