Section Newsletters

Articles From Stephen C. Buser

The Nursing Home Care Act: Recoverable attorney fees and loss of society damages By Stephen C. Buser Civil Practice and Procedure, July 2012 The First District Appellate Court recently decided the case of Watson v. South Shore Nursing and Rehabilitation Center, LLC, which is important to lawyers suing and defending nursing homes. 
Modifications and other things to know about infamous Supreme Court Rule 216 By Stephen C. Buser Civil Practice and Procedure, April 2012 Rule 216 may not be the most important Supreme Court rule a civil trial lawyer should know, but it is a Supreme Court rule that a lawyer should know to avoid devastating, and sometimes avoidable, consequences to a client’s case.  
Illinois Supreme Court holds that no punitive damages are allowed for survival action in violation of Nursing Home Act case By Stephen C. Buser Tort Law, October 2011 The Illinois Supreme Court made it clear in Vincent v. Alden-Park Strathmoor that it was up to the Illinois legislature and not the Illinois judicial system to determine whether punitive damages should be available for violations of the Act in actions based on the Survival Act.
Fifth District revisits admissibility of vehicle photograph in auto accident litigation for the third time in three years By Stephen C. Buser Civil Practice and Procedure, May 2010 The Illinois Supreme Court may finally decide to provide lawyers involved in auto accident litigation with a “rigid line” or at least sufficient guidelines of when an expert is or is not required to have vehicle photographs admitted into evidence.
Complicity Doctrine revisited: New Dram Shop instructions and more By Stephen C. Buser Civil Practice and Procedure, November 2009 The affirmative defense of complicity often presents an insurmountable hurdle for a plaintiff who has filed an action under the Illinois Liquor Control Act, more commonly known as the Dram Shop Act.
First District limits liability of snow removal contractors By Stephen C. Buser Civil Practice and Procedure, February 2009 The First District Illinois Appellate Court has been busy for the last several years deciding when snow removal contractors may or may not be liable for claims arising from work performed involving the removal, pushing, and/or piling of snow.
Supreme Court Rule 236 and the admissibility of medical records at trial By Stephen C. Buser Civil Practice and Procedure, December 2008 Illinois Supreme Court Rule 236 can be a useful tool for the admission of medical and hospital records into evidence at trial, eliminating the need for a party to spend hundreds or perhaps thousands of dollars to have a medical doctor, nurse or other health care professional testify in court or by evidence deposition to have the records admitted.
Update on new, revised, and withdrawn Illinois Civil Jury Instructions By Stephen C. Buser Civil Practice and Procedure, June 2008 The Illinois Supreme Court Committee on Jury Instructions in Civil Cases created and revised several civil jury instructions in the year 2007.
Fifth District grants new trial on damages when jury’s verdict is inconsistent with the evidence By Stephen C. Buser Civil Practice and Procedure, December 2007 Illinois law provides that a trial court may order a new trial if the damages are manifestly inadequate and a proven element of damages was ignored.
The saga of admissibility of vehicular post-collision photographs continues By Stephen C. Buser Civil Practice and Procedure, March 2007 The First District Appellate Court decided nearly four years ago in Dicosola v. Bowman, 342 Ill.App. 3d 530, 794 N.E. 2d 875, 276 Ill.Dec.625 (1st Dist. 2003) that vehicular post-collision photographs were not admissible in automobile accident litigation absent expert testimony.
Admissibility of evidence of preexisting injury: The battle continues after Brown v. Baker By Stephen C. Buser Civil Practice and Procedure, May 1999 A controversy continues to exist among several panels of the appellate court in Illinois regarding the admissibility of evidence of preexisting injuries in personal injury litigation.

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