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Articles Posted in Illinois Civil Procedure

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Illinois Appellate Court Affirms Dismissal Where Another Injured Party Plaintiff Was Added After the Passing of the Statute of Limitations

The plaintiffs, Brittany N. Hage and Joann M. Blackmore, appealed the dismissal of their Count VI of Hage’s Fourth Amended Complaint, which added Blackmore as a party plaintiff in the Hage cause of action. The suit was filed against the defendant, Trisha L. Pannkuk. Because the allegations in Count VI…

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Illinois Appellate Court Affirmed the Dismissal of Counterclaim in Injury Lawsuit Finding No Private Right of Action Existed Making Counterclaim Moot

Plaintiff Mary Carmichael was injured in a car accident while she was riding in a six-passenger van owned and operated by Professional Transportation Inc. (PTI). The vehicle was being driven by Dwayne Bell. The van was used to shuttle Union Pacific employees between job sites. Carmichael sued PTI, Dwayne Bell and…

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Illinois Appellate Court Reverses Dismissal of Injury Claim Against Personal Trainer for Willful and Wanton Acts

The plaintiff, Maria Papadakis, was injured when she slipped and fell on an unsecured piece of equipment while exercising at the defendant health club under the supervision of the personal trainer. The court was found to have erred in dismissing counts alleging willful and wanton acts by the personal trainer;…

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Illinois Appellate Court Reverses Dismissal of Intervention Petition Based on Late Filing

Teresa Mroczko was employed by A & R Janitorial to do custodial work.  On Aug. 17, 2012, she was injured while working at an Illinois Blue Cross/Blue Shield building. A desk, which had been moved during the renovation of the building, fell on her and she was injured. Pepper Construction…

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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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Illinois Appellate Court Finds Contribution Jury Verdict Form Flawed

Frank Barnai was injured while he was working for Summit Fire Protection Co. on a construction project. He sued the general contractor, International Contractors Inc. (ICI), the owner, Wal-Mart and electrical subcontractor, Nuline Technologies.  These defendants then brought a third-party action against Summit Fire Protection Co. for contribution. Summit did…

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Illinois Appellate Court Affirms Negligent, Willful and Wanton Misconduct When Individual Beats Plaintiff with Briefcase After Encounter on Roadway

A jury found that the defendant Charles Dahms acted negligently and with willful and wanton misconduct against the plaintiff, Terry Enadeghe, when he beat him with his briefcase during a morning encounter on the street. Dahms appealed arguing that the trial judge erred in relying on his prior criminal conviction…

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Illinois Supreme Court Reverses Appellate Court – Asserts Liens Obtained by Hospitals Under Health Care Services Lien Act are Not Limited to Awards of Medical Expenses

In September 2016, we wrote about the Illinois Appellate Court decision in this case, Manago v. County of Cook, 2016 IL App (1st) 121365. In that case, the Illinois Appellate Court found that liens obtained by hospitals under the Hospitals’ Health Care Services Lien Act (770 ILCS 23/1 et seq.)…

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Illinois Appellate Court Finds Trial Court Wrong in Applying the “Verdict Test”

A contract was entered into between Beckett Media LLC and OnRamp Technologies to allow Beckett to use OnRamp’s applications and websites for “inventory management and sales solution.” According to the contract, “in the event of any litigation of any controversy or dispute arising out of or related to this agreement,…

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Illinois Appellate Court Affirms Striking of Expert Witness Affidavit for Failure to Include Documents on Which the Expert Relied

On July 15, 2008, Friehiwet Tahir was standing on the Chicago Transit Authority’s Argyle L station platform.  As the train approached the station, Friehiwet extended her right arm into the train’s right-of-way. The train struck her elbow. She lost her balance and fell onto the track’s dock where she died.…

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