Great caution must be taken when multi-count lawsuits are filed and a voluntary dismissal considered. Suppose one of the three counts of the complaint turns out to be unsustainable and a voluntary dismissal is taken as to Count II leaving Counts I and III. The voluntary dismissal as to that count…
The Illinois Appellate Court has affirmed a decision of a Cook County Circuit Court judge with respect to the forum-selection clause found in a service contract. MillerCoors, headquartered in Chicago, is the second largest brewer in the United States with approximately 30% market share. In 2007, MillerCoors approached Entec regarding parts procurement…
A lawsuit was brought on behalf of the plaintiff, Gerardo Solis, alleging negligence and strict liability because his lungs were injured by a synthetic chemical that he used while working in a flavoring company. At the trial court level, the judge entered a directed verdict in favor of Solis on…
After the collapse of a bridge deck on Route 154 near Sparta, Ill., the general contractor, Keeley & Sons, used a jackhammer to break up the concrete I-beam that allegedly caused the accident. Three workers were on the bridge deck when it collapsed. The issue in this case was whether…
Edward Myles, a truck driver, claimed that he lost earnings due to the defendants’ unfair acts and practices. The claim stemmed from the defendants’ breach of contract relating to the sale of commercial trucking equipment. Mr. Myles claimed loss of revenue due to the defendants’ intentional interference with a third-party…
The lawsuit brought by Patricia Emrickson against Fernando Morfin was dismissed with prejudice because Ms. Emrickson’s attorney relied on an online search service that had inaccurate information about the current address for the defendant, Mr. Morfin. Under Illinois Supreme Court Rule 103(b), a suing plaintiff has a duty to use…
Four teenagers went out to dinner and later had a party in the basement home of the Gordons, the parent home of one of the teenagers. The incident took place in July 2006. Two of the individuals, Hoyle and Peabody, arrived and talked with the Gordon mother, Rachelle. Hoyle smoked…
Rhonda Williams was an employee of Superior Air Ground Ambulance Service and was driving an ambulance when her vehicle crashed into a car driven by the plaintiff, Karen Wilkins. Williams was taking a patient on a non-emergency basis to a nursing home. The ambulance was not using its emergency lights…
A recent Cook County lawsuit was reviewed by the Illinois Appellate Court, which found that the trial judge had erred in dismissing the plaintiff’s personal injury claim. While the judge had held that the case facts supported a summary judgment in favor of the defendant hospital, the appellate court found…
The Illinois Appellate Court ruled on a premise liability claim involving a building owner’s duty to maintain clear sidewalks and driveways. At issue was whether or not the plaintiff’s amended complaint raised new issues of fact in Kristopher McCarthy v. R&M Holdings & Quality, No. 1-10-2778 (February 2, 2012). While…