Section Newsletters

Articles From Richard L. Turner, Jr.

Negligent Hiring & Retention of Driver, Punitive Damages for Doing So, and Barring Evidence of Reduced Rates for Plaintiff’s Medical Expenses: Denton v. Universal Am-Can, Ltd. By Richard L. Turner, Jr. Civil Practice and Procedure, November 2019 A summary and analysis of Denton v. Universal Am-Can, Ltd.
Stanphill v. Ortberg: The need for clarity in the submission of a special interrogatory to the jury By Richard L. Turner, Jr. Civil Practice and Procedure, December 2017 Recently, in its decision in Stanphill v. Ortberg, the appellate court had an opportunity to reexamine the law in the circumstances where the general verdict appears to be in conflict with the answer to the special interrogatory submitted to the jury.
Zagorski v. Allstate Insurance Company: Stock discovery objections fail to pass muster with 5th District By Richard L. Turner, Jr. Insurance Law, August 2016 In a decision issued on May 16, 2016, the 5th District Appellate Court in Zagorski v. Allstate Insurance Company provided an analysis of the problems inherent in replying with stock objections in discovery responses based upon relevancy or privilege, without detailing or adequately providing a basis for such objections.
Zagorski v. Allstate Insurance Company: Stock discovery objections fail to pass muster with 5th District By Richard L. Turner, Jr. Civil Practice and Procedure, June 2016 In a decision issued on May 16, 2016, the 5th District Appellate Court in Zagorski v. Allstate Insurance Company provided an analysis of the problems inherent in replying with stock objections in discovery responses based upon relevancy or privilege, without detailing or adequately providing a basis for such objections.
Recent amendments to Illinois Supreme Court Rules and Illinois Rules of Evidence By Richard L. Turner, Jr. Civil Practice and Procedure, December 2015 A synopsis the recent amendments and additions.
Adjudication of liens in claims involving inadequate insurance coverage: Wolf v. Toolie as the latest contribution in this ongoing saga By Richard L. Turner Civil Practice and Procedure, October 2014 The recent appellate decision in Wolf v. Toolie, decided September 30, 2014, does not offer plaintiffs’ attorneys much in the way of relief.
Sharbono v. Hilborn: The use of PowerPoint at trial—More than just demonstrative evidence? By Richard L. Turner Civil Practice and Procedure, July 2014 The case of Sharbono v. Hilborn presents an interesting discussion with respect to the use of technology at trial, and whether a PowerPoint presentation can be properly classified as either “demonstrative” or “evidentiary,” as well as the necessary foundation for the use of such technology/demonstration at trial.
New releases from the appellate court on local governmental tort immunity: “Abruzzo Returns” and “The Sidewalks of the College of DuPage” By Richard L. Turner Civil Practice and Procedure, February 2014 Recently, the appellate court had occasion to again consider local governmental immunity in the context of the Emergency Medical Services Systems Act, and the Local Governmental and Governmental Employee’s Tort Immunity Act, with respect to the liability of an emergency medical technician in an emergency response, and the liability of a college for its process in responding to a sidewalk deviation under the Tort Immunity Act.
Holland v. Schwan’s Home Service, Inc.: Proof of “termination” and further consideration of the applicable standard for punitive damages in retaliatory discharge cases By Richard L. Turner Civil Practice and Procedure, July 2013 In a lengthy 92-page decision, the Fifth District Appellate Court, in its recent decision in Holland v. Schwann’s Home Service, Inc., upheld a jury verdict of $4,260.400, including a punitive damages award of $3.6 million dollars, finding that the jury was properly allowed to consider the issue of whether the plaintiff was truly “terminated” and that the punitive damages award was not excessive.
Lawlor v. North American Corporation of Illinois: The Illinois Supreme Court recognizes the Tort of Intrusion upon Seclusion and speaks again on punitive damages By Richard L. Turner Bench and Bar, January 2013 For the first time, in the recent case of Lawlor v. North American Corporation of Illinois, the Illinois Supreme Court expressly recognized the tort of intrusion upon seclusion as an actionable claim in Illinois.
Lawlor v. North American Corporation of Illinois: The Illinois Supreme Court recognizes the Tort of Intrusion upon Seclusion and speaks again on punitive damages By Richard L. Turner Civil Practice and Procedure, December 2012 Activities such as opening private and personal mail, searching a person’s safe or wallet, examining his/her bank account, or using a pretext to obtain telephone records might all give rise to this claim. 
Maxit, Inc. v. Van Cleve: Supreme Court clarifies the need for express approval by Workers’ Compensation Commission of any attempt to settle or waive employee rights and benefits By Richard L. Turner, Jr. Civil Practice and Procedure, January 2009 Any attempt to waive or compromise rights needs to be explicit and should definitively refer to the rights accruing to the particular party under the Illinois Workers’ Compensation Act.
Indemnification redux: The Supreme Court rings in on contractual indemnification clauses in Buenz v. Frontline Transportation Company By Richard L. Turner, Jr. Civil Practice and Procedure, March 2008 Be mindful of drafting considerations with respect to “any and all” type language in indemnification provisions-at least outside the construction industry or the managed care health care field.
Public policy strongly favors contribution claim settlements: The Pierre Condominium Assn v. Lincoln Park West Associates, LLC By Richard L. Turner, Jr. Civil Practice and Procedure, March 2008 Although parties to contracts are free to waive or override other statutory provisions or protections, parties are not permitted to waive or ignore the good-faith settlement provisions incorporated within the Joint Tort Feasor Contribution Act, according to the recent decision in The Pierre Condominium Association v. Lincoln Park West Associates, LLC.
Melena v. Anheuser-Busch, Inc.: Further enlightenment from the Supreme Court on the dichotomy between mandatory arbitration agreements and public policy By Richard L. Turner, Jr. Civil Practice and Procedure, November 2006 Illinois has a long-standing public policy of protecting workers from retaliation for filing workers’ compensation claims.
Willis v. Kiferbaum Construction: A Kotecki waiver by a subcontractor does not climb the chain to benefit a contractor higher up unless expressly provided for by contract By Richard L. Turner Civil Practice and Procedure, December 2005 It is now clear under the recent decision in Willis v. Kiferbaum Construction Corp., that such a Kotecki waiver only occurs where it is expressly contracted for between the employer/subcontractor and the party further up the contractual chain seeking to assert that waiver.
Recent changes in Civil Jury Instructions in the IPI-Civil, 2005 Edition By Richard L. Turner Civil Practice and Procedure, April 2005 Recent changes in the Illinois Pattern Jury Instructions for civil cases reflect an attempt on the part of the Supreme Court Committee on Jury Instructions in Civil Cases to fine-tune those instructions which may have led to potential juror confusion.
Illinois General Assembly regulates health care liens By Richard L. Turner Civil Practice and Procedure, November 2003 Illinois law allows a wide range of medical service providers to impress a lien on the proceeds of a personal injury award or settlement.
From the chair By Richard L. Turner Legal Technology, Standing Committee on, August 2003 The subcommittee considering issues pertaining to updating courtroom technology is arranging a visit to the Federal District Court for the Northern Dist., Eastern Division, through the assistance and contacts provided committee member David Clark.
From the chair By Richard L. Turner Legal Technology, Standing Committee on, February 2003 Digital dictation technology has, indeed, advanced significantly within the last five years. I am, in fact, dictating my column today on a digital portable dictation device: Sony's ICD-MS1 digital recorder, to be exact
From the chair By Richard L. Turner Legal Technology, Standing Committee on, December 2002 A treat in my daily spam... Among the things that I look for in my daily dose of spam and usually inconsequential e-mail messages and listserv surplusage is the E-mail Case Digest that Adrienne Albrecht, Vice-Chair of COLT, faithfully puts together at least a couple of times a week, I believe.
The virtual courtroom—An update By Richard L. Turner & Sanford Morganstein Legal Technology, Standing Committee on, December 2002 Imagine sitting in your office, contemplating matters to complete in pretrial discovery in a case pending in a county three hours away.
Navqi v. Rossiello: an IRS malpractice trap for the unwary practitioner By Richard L. Turner Civil Practice and Procedure, February 2002 The appellate court recently determined that an attorney and law firm representing an employee who successfully recovered damages for retaliatory discharge may be pursued for malpractice in failing to properly advise the client of the taxability of the proceeds from the settlement, despite a somewhat unsettled legal climate concerning the taxability of such proceeds at the time the advice was rendered
Substitution of judges as a matter of right under 735 ILCS 5/2-1001(a)2): when is the right absolute? By Richard L. Turner Civil Practice and Procedure, September 2000 When considering action to substitute a judge in a civil proceeding, lawyers must frequently consider the timing of motions to secure substitution as a matter of right.

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