2003 Articles

Accountant liability to third parties in Illinois By R. Michael Henderson & Adam P. Chaddock March 2003 In the wake of the Arthur Anderson/ENRON debacle, it has become increasingly important for attorneys to understand the liability to third parties to which unwary accountants may be exposed.

Case note: Forrester v. Seven Seventeen HB St. Louis Redevelopment Corp.— Jurisdicition under Illinois’ long-arm statute May 2003 In Forrester v. Seven Seventeen HB St. Louis Redevelopment Corp, d/b/a "Adams Mark, the Hotel of St. Louis," 336 Ill.App.3d 572, 784 N.E.2d 834 (4th Dist. 2002), plaintiff's car was damaged while in valet parking at defendant's hotel in St. Louis, Missouri.

Editor’s note By John L. Nisivaco December 2003 The first article in this edition is written by Al Durkin of The Nolan Law Group. Mr. Durkin proposes effective uses of Illinois Supreme Court Rule 216 requests to admit.

Editor’s note By John L. Nisivaco October 2003 The first article in this edition is written by Jeffrey Kroll of Clifford Law Offices. Jeff does an excellent job of analyzing Dicosola v. Bowman, the recent First District Appellate Court decision involving the inadmissibility of photographs depicting minimal vehicular damage to support the defense argument that no injury occurred.

Editor’s note By John L. Nisivaco February 2003 The first article in this edition is written by Monica McFadden of McFadden Law Offices in Chicago.

Editor’s notes By John L. Nisivaco May 2003 The first article in this edition is written by Frank A. Perrecone of Ferolie, Perrecone & White, Ltd., of Rockford. Mr. Perrecone provides suggestions for the proactive use of amended Supreme Court Rule 213 and provides helpful suggestions for attorneys seeking to expedite the litigation of their cases.

Editor’s notes By John L. Nisivaco March 2003 The first article in this edition is written by Marios Karayannis of Brady & Jensen, located in Elgin, Illinois.

Editor’s notes By John L. Nisivaco January 2003 The first article in this edition is written by Michael W. Clancy of Clancy Law Offices in St. Charles, Illinois.

Effective use of SCR 213(f) By Frank A. Perrone May 2003 On July 1, 2002, amendments to Supreme Court Rule 213 went into effect. SCR 213(f) created a new system of categorizing witnesses: Lay witness, independent expert witness and controlled expert witness.

Effective uses of Supreme Court Rule 216 requests to admit By Albert E. Durkin December 2003 Requests for Admissions of Facts and Requests for Admission of Genuineness of Documents, a.k.a., "requests to admit," are an effective and often-overlooked discovery tool.

The Health Care Services Lien Act By Kevin T. Veugeler December 2003 Earlier this year, the Illinois legislature attempted to remedy the inequitable results that could occur to seriously injured individuals as a consequence of the Illinois Supreme Court's 1997 decision in Burrell v. Southern Truss, 176 Ill.2d 171, 697 N.E.2d 1230, 223 Ill.Dec. 457 (1997).

Insurance coverage for negligent and intentional injuries By Martin A. Dolan & Joseph P. Shannon February 2003 In any tort injury or civil rights claim, it is imperative that the plaintiff's attorney identify any and all liability insurance policies that may apply to the claim.

No damage? No expert? No defense!! By Jeffrey J. Kroll October 2003 In a case of first impression in Illinois, the First District Appellate Court affirmed the trial court's decision granting plaintiff's motion in limine to exclude photographs depicting the apparent minimal damage to plaintiff's post-collision vehicle.

Section 414 of the restatement (second) of torts revisited By James P. Ginzkey January 2003 This article is a supplement to an excellent article by Larry Appelbaum appearing in the November 2000 issue of Tort Trends, Vol. 36, No. 2

Selection and management of expert witnesses By Michael W. Clancy January 2003 It has become idiomatic to bemoan the extensive involvement of expert witnesses in modern trial practice.

Seventh Circuit narrows application of Illinois common fund doctrine in ERISA subrogation claims By Frank A. Perrecone October 2003 No situation in recent memory has perplexed plaintiff personal injury lawyers more than ERISA subrogation claims

Taxation of damages in cases not based on “physical injuries or physical sickness”—A civil rights dilemm By Monica E. McFadden February 2003 Scenario 1: You represent an African-American female who was physically assaulted by her employer. You bring a federal lawsuit under Title VII of the Civil Rights Act (42 U.S.C. § 2000 (e) et. seq) and section 1981 (42 U.S.C. 1981), alleging racial discrimination.

Who is the focus of the court’s analysis of an open and obvious condition? By Charles H. Delano May 2003 Two recent cases address a landowner's liability to workers injured by an open, obvious and pervasive condition on the property.

Workplace injuries By Marios N. Karayannis March 2003 In today's workplace, employees are increasingly placed in danger as a result of contact with more exotic chemicals, the use of more sophisticated and complex machinery, the prevalence of plants and factories with sealed windows allowing no outside air to enter and a variety of other factors affecting job safety.