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Articles Posted in Admissible Evidence

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Illinois Appellate Court Reverses Dismissal of Claim in Decedent’s Probate Estate Based Solely on Photographs

After John A. Bohn Jr. passed away, his father opened a probate estate and was appointed the estate’s administrator. Patricia A. Buczkiewicz filed a claim against the estate alleging that she and the decedent had lived together for 40 years and she sought quantum meruit and fair compensation for various…

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U.S. Court of Appeals Rules that State-Law Claims Are Not Barred Based on Doctrine of Field Pre-emption in Wrongful Death Aircraft Case

David Sikkelee was killed when a Cessna aircraft he was piloting crashed after taking off from North Carolina’s Transylvania County Airport. The plane had a Lycoming engine. In the lawsuit, his wife, Jill Sikkelee, alleged that the aircraft lost power due to defects in the design of the engine and…

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Illinois Appellate Court Upholds Defendant’s Right to Assert Physician-Patient Privilege

During the discovery of this lawsuit, Scarlett Palm argued that she was entitled to the medical records of defendant Ruben Holocker based on the exception to the physician-patient privilege for “action brought by or against the patient . . . wherein the patient’s physical and mental condition is an issue.”…

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Appellate Court Reverses Dismissal on Summary Judgment Motion of Asbestos Exposure Lawsuit

Keith Turley and his wife Joy Ann Turley filed a complaint in 2015 against some 50 defendants. The complaint alleged that Turley has asbestos-related disease caused by exposure to asbestos-containing products, including valve gaskets, during his 36-year employment at Pacific Gas and Electric Company (PG&E). During the discovery process and…

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Illinois Appellate Court Affirms Jury’s Damages Verdict Related to Disputed Medical Treatment

In this case, Giuseppina DiFranco was driving in stop-and-go traffic when her car was struck from behind by the car driven by Constance Kusar. The DiFranco car then hit the car in front of her making her knee strike the dashboard and jerking her back and forth. Right after the…

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U.S. Court of Appeals Explains Res Ipsa Loquitur Principle in Federal Injury Case

Cedric Smith sued the United States government under the Federal Tort Claims Act (FTCA), 28 U.S.C. Section 2671 et seq., claiming injuries from a fall off of a broken metal stool in a secured attorney-client interview room at the U.S. District Court in Rock Island, Ill. Smith’s lawsuit relied on…

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State Supreme Court Affirms Dismissal of Employer Who Admitted Vicarious Liability for Employee’s Negligence

Jessica Ferrer and her companion, Katherine Winslow, were injured when a taxicab driven by Tesfamariam Okbamicael struck the two of them as they crossed the street. Okbamicael worked for Yellow Cab, which owned the taxicab. Ferrer brought this lawsuit against Okbamicael and Yellow Cab alleging that the driver, Okbamicael, was…

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$28 Million Jury Verdict in Bus-Car Crash that Left Teenager Paralyzed

A Minnesota jury has signed a $28 million verdict for the injuries suffered by a teenager who is now a quadriplegic after the car in which she was passenger was struck by a school bus. The crash occurred in 2009 when Paige Anderson was just 16 years old.  Another passenger…

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$6.65 Million Cook County Jury Verdict for Death of a Young Woman Who Fell from a Ladder

On Sunday, Aug. 21, 2011, at 4:45 a.m., 22-year-old Patrycja Wysckowska fell 30 feet to her death after trying to navigate an outside ladder on the third-floor rear porch of an apartment building at 4310 N. Sheridan Road in Chicago. The apartment complex is known as Park Shores and was…

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Police Officer’s Testimony on Fault of an Accident is Ruled Inadmissible

Billy R. Richey filed a lawsuit against State Farm Automobile Insurance Co. to recover for his injuries under the uninsured motorist coverage of his State Farm Insurance auto policy. On the evening of April 5, 2008, Richey was driving his motorcycle on a rural highway in Dade County, Mo. Richey…

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