1999 Articles

Beware the empty chair By Terrence J. Lavin December 1999 One of the most troubling aspects of trying malpractice cases on behalf of injured patients is the specter of what is commonly known as the "empty chair defense."

Co-editor’s note By John L. Nisivaco December 1999 Our first article is written by Cook County Circuit Court Associate Judges Daniel T. Gillespie and Mary K. Rochford.

Co-editor’s note May 1999 Our first article is by section council member Scott B. Gibson, Scott B. Gibson, Ltd., Waukegan, Illinois. Mr. Gibson represented the plaintiff in Henrich v. Libertyville High School, et al.

Co-editor’s note January 1999 The first article, by section council member Charles Winkler, Winkler and Gorey, Ltd., discusses the new amended CTA notice requirement.

Defective six-month notices will no longer bar actions against the CTA By Charles R. Winkler January 1999 In the April 1994 issue of Tort Trends, my article "It's time to say good-bye to the six-month CTA notice requirement" concluded with, "The time has come to repeal the notice requirement of the Metropolitan Transit Authority Act."

The Fifth District instructs that firing for dispute over extent or duration of workers’ compensation injury equals summary judgment on retaliatory discharge By Monica E. McFadden January 1999 Generally Illinois, as do other states, operates under the "at-will employment rule."

Finding insurance coverage: You need to know how to look By Jill B. Berkley January 1999 When facing catastrophic loss, corporate America and tort plaintiffs have a common goal – secure the benefit of an insurance policy.

High-low deals: In vogue or in trouble? By Jeffrey J. Kroll January 1999 Not long ago, settling a case was pretty simple. The parties would agree on a value and the case would settle.

The Illinois Supreme Court grants additional municipality immunities; however, more questions are raised than answered By Scott B. Gibson May 1999 I previously reported that I am plaintiff's counsel in Henrich v. Libertyville High School, et al.

Letters to editor May 1999 The article in the January Tort Trends captioned "High-low Deals: In Vogue or In Trouble?" did a good job of taking up a timely and important topic.

Location, location, location: When is a forum legally not convenient? By Daniel T. Gillespie & Mary K. Rochford December 1999 Real estate receives its value primarily from its location. Similarly, attorneys may ascribe different values to trial venues.

Lost chance—Appellate court development By William A. Allison May 1999 Until Holton v. Memorial Hospital, 176 Ill.2d 95, 223 Ill.Dec. 429, 679 N.E.2d 1202 (1997), the status of the lost chance doctrine in Illinois was unclear. Holton laid the ground work for acceptance of the doctrine by eliminating the need for statistical evidence to prove proximate cause.

Obtaining leave of court to pursue punitive damage claim By Daniel P. Wurl December 1999 A plaintiff who wishes to plead a claim for punitive damages in actions under Illinois law involving bodily injury or property damages based on negligence or product liability must first obtain leave of court.

Punitive damages and the corporate complicity rule By Daniel P. Wurl May 1999 It has long been established in Illinois that punitive damages may be awarded when torts are committed with fraud, actual malice, deliberate violence or oppression, or when a defendant has acted willfully or with such gross negligence as to indicate a wanton disregard for the rights of others.

Trial and error By Peter R. Coladarci May 1999 The following is a trial memorandum filed in a case I tried last month in Lake County.