Spotlight

• Counsel demonstrates how hotel van driver's negligence worsened passenger's disabilities

Recent Cases

Admiralty

• Discretionary function exception does not apply where defendant failed to post required warnings
• Unseaworthiness, unsafe vessel where barge worker was struck by piling sheets being moved by crane

Attorneys

• Attorneys' claims that warden unlawfully recorded conversations with prisoners may go forward
• Suspension rather than censure is appropriate sanction for attorney who groped woman

Automobile Accidents

• Failure to keep proper lookout
• Waste management company may be liable for hiring independent hauler with unsafe vehicle
• Driving while intoxicated
• Failure to yield right-of-way
• Negligent backing into traffic

Aviation

• Failure to stop plane before overrunning runway
• Negligent engine maintenance causes crash

Civil Rights

• Off-duty jail officer who allegedly assaulted driver was acting under color of state law
• Unlawful detention, searches of jail detainees

Commercial Litigation

• Copyright infringement where unauthorized copies of company's internal software were sold

Consumer Protection

• Matchmaker fails to screen, keep proper records of clients
• Collection letter questioning plaintiff's honesty is actionable under FDCPA

Damages

• Loss of enjoyment of life damages are recoverable as separate category on jury verdict forms

Employment Law

• Discrimination, hostile workplace where African American workers were not promoted
• Breach of employment agreement where employees were not paid bonuses, overtime
• Employee did not waive privilege for personal communications taken from company-owned laptop

Evidence

• Expert testimony was not needed to establish prima facie claim for breach of warranty

Family Law

• Woman need not return engagement ring where man was legally married when he proposed

Government Liability

• Creation of dangerous condition where flashing intersection light switches to solid red
• Municipal ordinance requiring prior written notice of playground's dangerous condition is invalid

Insurance

• Bad faith where insurer refuses to defend person who lives in house
• Illinois insurers may have duty to indemnify claims even if no lawsuit was filed

Intentional Torts

• Conversion, intentional infliction of emotional distress where neighbor runs over pet three times

Medical Negligence

• Improper handling of morphine toxicity
• Negligent chemotherapy overdose
• Failure to respond to fetal distress
• Failure to test mother for genetic blood disorder
• Hospital that failed to inform patient of HIV-positive test result can be liable to his sexual partner
• Severance of child's popliteal artery during orthopedic surgery
• Mishandling of child's metabolic defect

Negligence

• Dram shop liability where woman was killed by drunk driver
• Failure to adequately secure column put in synagogue by environmental clean-up company

Practice & Procedure

• Statute barring nonresidents from filing suit in state's courts does not apply to civil suits against residents

Premises

• Failure to provide adequate security, maintenance at apartment complex where woman was raped
• Failure to maintain secure premises at apartment building where tenant was assaulted in lobby

Products Liability

• Unreasonably dangerous products containing asbestos
• Defective design of cooling unit tubing in travel trailer refrigerator
• Child suffers rare reaction to vaccine
• Lack of safety feature on riding lawn mower
• Defective design of muffler
• Failure to warn of high-risk patient profile
• Defective design of percutaneous sheath introducer

Professional Negligence

• Negligent supervision, hiring of youth pastor
• Improper placement of porcelain veneers
• District, not probate, court has jurisdiction over claim alleging lawyers mishandled estate plans
• Placement of incorrect body during funeral viewing
• Failure to implement adequate treatment plan at nursing home
• Improper care for stroke victim at nursing home

Railroads

• Failure to make railroad yard safe for pedestrians

Schools

• Strip search was not warranted based on student tip that another student was carrying marijuana
• Misrepresentation where career school fails to provide clinical training, exam preparation
• Breach of contract where university increases student fees without giving students advance notice
• Negligent supervision, improper lifeguard training where boy drowns in school swimming pool

Toxic Torts

• Inadequate drainage plan at construction site
• Transfer of turbid water through tunnel requires permit under Clean Water Act

Utilities

• Negligent installation, maintenance of power line that electrocutes man
• Power company is liable for damage caused to dairy herd by stray voltage

Workplace Safety

• State's OSHA board did not err in finding employer willfully violated federal fall protection regulation
• Unsafe working conditions, failure to train window washer who fell 80 feet
• Negligent operation of aerial lift

In this Issue

• Articles
• Updates
• Court Documents