Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2014 Articles

CASE NOTE: Fonseca v. Clark Construction Group – Summary judgment for general contractor By John L. Nisivaco & Kendra Piercy July 2014 The First District Appellate Court recently determined that a general contractor must retain control over incidental aspects of a subcontractor’s work, not just general supervisory control, to be held liable for the subcontractor’s torts.
CASE NOTE: Segovia v. Romero – Subrogation in personal injury cases By Steven J. Fruth July 2014 A discussion of the likely effects of this recent case on subrogation and personal injury practice.
1 comment (Most recent July 20, 2014)
CASE NOTE: Swain v. City of Chicago – Municipalities owe no duty to pedestrians injured outside crosswalk By Dennis L. Berkbigler July 2014 In this recent case, the Second Division of the First District Appellate Court re-affirmed its holding that a municipality owes no duty to a pedestrian who crosses a public street outside of the crosswalk.
Editor’s note By John L. Nisivaco September 2014 An introduction to the issue from Editor John Nisivaco.
Editor’s note By John L. Nisivaco April 2014 An introduction to the issue from editor John Nisivaco.
Editor’s note By John L. Nisivaco February 2014 An introduction to the issue from Editor John Nisivaco.
Editor’s notes By John L. Nisivaco July 2014 An introduction to the issue from Editor John Nisivaco.
Editor’s notes By John L. Nisivaco March 2014 An introduction to the issue from Editor John Nisivaco.
An explanation of the summary jury trial By Bridget Duignan February 2014 If a summary jury trial is right for you, your client and her case, then you reap the benefits (and the pitfalls) of a one-day trial.
Interstate trucking litigation—Deposing the Safety Director By Dennis M. Lynch February 2014 A highlight of some interesting topics of questioning for safety director depositions, with examples from recent cases.
ISBA unveils exciting new Member Directory! July 2014 Make sure the other members of the ISBA Tort Law Section know what sets you apart and can find you easily by activating your member directory profile today.
No strict liability under the Illinois Animal Control Act By Jason G. Schutte March 2014 In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
Special interrogatories By Thomas F. Tobin, III September 2014 Section 5/2-1108 of the Illinois Code of Civil Procedure governs the use of Special Interrogatories. It specifically states that when the special finding of fact is inconsistent with the general verdict, the former controls the latter and the court may enter judgment accordingly.
Supreme Court broadly interprets EMS Act and limits liability of ambulance drivers for injuries to third parties By Amelia S. Buragas March 2014 In a case of first impression, the Illinois Supreme Court recently examined the bounds of the immunity provision of the Emergency Medical Services Systems Act in Wilkins v. Williams.
The Supreme Court provides an opportunity for a cautionary reminder By Patricia A. Zimmer April 2014 In Country Preferred Insurance Company v. Whitehead, the Illinois Supreme Court held that a contractual time limitation for bringing an uninsured benefits demand for arbitration was not contrary to public policy.
Third District explores foundational pitfalls and the prejudicial effect of demonstrative evidence By Amelia S. Buragas & Laura Castagna September 2014 In Lorenz v. Pledge, the Third District explains the foundational requirements of demonstrative evidence, and ultimately concludes that admission of demonstrative evidence absent adequate foundation may be reversible error.
Through the eyes of a juror: A lawyer’s perspective from inside the jury room By Karen McNulty Enright April 2014 The author recalls her experience as a juror in a civil trial in the Circuit Court of Cook County.