Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2002 Articles

Co-editor’s note By John L. Nisivaco June 2002 The sole article in this edition is written by Joseph Feehan of Heyl, Royster, Voelker & Allen in Peoria. Mr. Feehan provides a thorough analysis of the Illinois Supreme Court's decision in Donaldson v. Central Illinois Public Service Co.
Co-editor’s note By John L. Nisivaco June 2002 The first article in this edition is by Sean C. Burke of Scheller & Burke, L.L.C., Waukegan.
Co-editor’s note By John L. Nisivaco June 2002 The sole article in this edition was written by Daniel P. Wurl of Dobbins, Fraker, Tennant, Joy & Perlstein.
Co-editor’s note By John L. Nisivaco May 2002 The first article in this edition is by Martin J. O'Hara of Quinlan & Carroll, Ltd. Mr. O'Hara's article addresses the Fifth District's decision of McIntosh v. Cueto, which holds that a plaintiff must formally plead a claim for fraudulent concealment and/or equitable estoppel before contending that a defense attorney or other professional is estopped from asserting the applicable statute of limitations for professional malpractice.
The continuous course of negligent treatment doctrine By Daniel P. Wurl June 2002 A plaintiff filing a medical malpractice action must file it within the time limits set forth in Chapter 735, section 5/13-212(a) of the Code of Civil Procedure, in order for the action to be timely. 735 ILCS 5/13-212(a).
Editor’s note December 2002 The first article in this edition is written by Albert E. Durkin, Jr., of the Nolan Law Group in Chicago.
Editor’s note By John L. Nisivaco October 2002 The first article in this edition is written by Michael Perona of Perona Law Offices in Peru, Illinois. Mr. Perona provides a thorough analysis of whether a one-year or two-year statute of limitations applies when minors have a tort claim against a local governmental entity or employee, specifically a school district.
Illinois Supreme Court clarifies proper standard for admissibility of novel scientific evidence in Donaldson v. Central Illinois Public Service Co. By Joseph G. Feehan June 2002 In Donaldson v. Central Illinois Public Service Co., 2002 Ill. LEXIS 283 (Ill. Feb. 22, 2002), the Illinois Supreme Court addressed the proper standard for admissibility of novel scientific evidence.
Illinois Supreme Court Rule 212(a)(5)—Can you use a discovery deposition as evidence at trial? By Karen McNulty Enright December 2002 Subsection (a)(5), which was recently added to Illinois Supreme Court rule 212 in 2001, may forever change the way in which we take discovery depositions.
Impact of criminal proceedings on civil cases By Mark Rouleau October 2002 This article reviews some of the decisions regarding the impact of convictions, pleas and stipulations to facts in criminal proceedings on subsequent civil cases.
Increased risk of future injury found compensable By Albert E. Durkin, Jr. December 2002 In a ruling that surprised many, the Illinois Supreme Court recently overturned nearly 80 years of existing law by holding that a plaintiff is entitled to obtain compensation for a future injury, stemming from a previous injury, even if it is not reasonably certain to occur.
“Is an excluded named driver really excluded?” and “Never take no for an answer” By George G. Leynaud December 2002 Recently, our office inherited a client who had been informed by prior counsel of the potential inability to collect insurance proceeds from a single vehicle collision that resulted in her husband's death.
Is liability coverage afforded under homeowners policy for negligent entrustment? By James P. Ginzkey & Jeffrey Abbott May 2002 Junior wrecks a family motor vehicle, injuring someone in the process; but the family automobile policy specifically excludes Junior or excludes the vehicle he was driving (i.e. motorcycle, 4-wheeler, etc.).
The legal status of local public entities under Illinois tort law By James W. Springer June 2002 The Local Governmental and Governmental Employees Tort Immunities Act (the Tort Immunity Act), 745 ILCS 10/1-101 et seq., provides extremely favorable treatment for those persons who fall under its protection.
The requirements of raising equitable estoppel or fraudulent concealment in a legal malpractice context By Martin J. O’Hara May 2002 A 2001 Fifth District Appellate Court decision examined a plaintiff's ability to avoid the statute of limitations and repose in a professional malpractice claim based upon the defendant professional's alleged fraudulent conduct in concealing the malpractice.
Serving the uncooperative defendant By Larry A. Appelbaum May 2002 Unfortunately, the case hasn't moved because the defendant has not been served. Everyone is getting frustrated, the judge, the client and yourself. How do you get the defendant into court?
Tort claims of minors against school districts: One-year or two-year statute of limitations? By Michael J. Perona October 2002 A new hot topic has arisen regarding the issue of which statute of limitations to apply when minors have a tort claim against local governmental entities or employees, specifically school districts.
When do the decisions of public school districts deserve tort immunity? By Sean C. Burke June 2002 Like other local governmental entities, public school districts have long argued that statutory immunity shields them from liability for personal injuries.