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Springfield Injury Lawyer Blog Tort

Illinois Law Rules in Interspousal Immunity Claims

The third district court of appeals made an interesting decision concerning interspousal immunity. In Hand versus Hand, the parties were coming back from a vacation in Florida. In Indiana, they were involved in a one car accident where William was driving. Patricia, his wife got hurt. They filed suit in Illinois, where they lived. Indiana has a statute which says that a person cannot sue their spouse for personal injury involving the operation motor vehicle accident. Illinois law does not have such a law. In Illinois spouses can sue one another. This is obviously a suit to get the insurance money.      Read more…

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Civil Procedure Evidence Medical Malpractice Springfield Injury Lawyer Blog

Help for Plaintiffs Lawyers Who Don’t Disclose the Right Expert – Voluntary Dismissal

Illinois law permits a plaintiff to dismiss his or her case and refile it later. Typically, plaintiff, often because they are missing a witness or have some other fatal flaw in their case, dismisses the case without prejudice. The plaintiff then has a year to refile the case. This is especially useful if you are missing a witness who cannot be found, but the judge will not continue the case. This came up in a medical malpractice case entitled Freeman vs. Crays. In Freeman the plaintiff had hired a primary care doctor to testify that the defendant in the case should have referred      Read more…

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Personal Injury Springfield Injury Lawyer Blog Tort Tort Reform

Hip Implants and Train Wrecks

I had a great guest on the air on December 23, 2017. The podcast his here. I went to a seminar at the Illinois Trial Lawyers Association on medical malpractice to keep up my continuing legal education. One of the speakers was a former president of the Illinois Trial Lawyers Association, Pete Flowers. He is one of the name partners in Meyers and Flowers. They handle all sorts of cases, including medical neglect, and a fair amount of medical product liability, and other things. As he got up to speak he was introduced as having settled a case for $1 billion. After      Read more…

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Springfield Injury Lawyer Blog Workers Compensation

Ice vs Water

The courts in Dukich vs. Illinois Worker’s Compensation Commission recently misapplied, in my opinion, the law, as it applies to falls on premises. The losses previously been that wherever there is a fall on premises, so long as it arises from a defect, like snow, or ice, that the fall is compensable. This often occurs as people are coming to and going from work. Dukich acknowledges these cases but makes a strange distinction. The worker was going to lunch when she fell in a parking lot that was wet from rain. The arbitrator awarded benefits. The Worker’s Compensation commission reversed the finding      Read more…

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Civil Procedure Springfield Injury Lawyer Blog

Claim Splitting in Illinois

The appellate court addressed claims splitting in Dinerstein vs. Evanston Athletic Clubs, Inc. In Dinerstein the plaintiff filed suit involving an injury at a health club. The injury occurred when plaintiff was climbing a rock-climbing wall and fell. Plaintiff filed suit alleging negligence, willful or wanton misconduct, and loss of consortium. Before climbing the wall plaintiff signed a release which indicated that plaintiff would not sue defendant for negligence. The court granted a motion to dismiss the negligence counts based on that agreement. The court then refused to allow an appeal of that particular issue pending the resolution of trial, denied the motion to      Read more…

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Springfield Injury Lawyer Blog Tort

Governmental Immunity

Government entities are generally allowed immunity on many torts. This makes filing suit against a county or municipal government difficult. An example of that is Monson vs. City of Danville. In Monson the plaintiff fell on property owned by the City of Danville. She had left a store in the downtown district and was walking to her car when she walked into an inch of water that had formed on the side-walk by land. As she walked to the water she felt her left shoe strike something which caused her to fall. She suffered injuries for which she sued the city. Her      Read more…

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Medical Malpractice Springfield Injury Lawyer Blog Tort Reform

Protecting Access to Care Act of 2017

HR 1215 advancing through the house, the subject of medical neglect to come up again. HR 15 would limit noneconomic damages to $250,000 on medical neglect claims throughout the country. This would affect states’ rights to decide their own law about medical liability by taking away the right to make a decision. The bill is call the Protecting Access to Care Act of 2017. Always remember, whenever you read the title of a bill, it does the opposite of what you might suggest. This bill protects medical providers from their bad actions. With the radio show a couple of weeks ago we      Read more…

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Liens on Personal Injury Springfield Injury Lawyer Blog

Medical Providers Need Not Bill Health Insurance

In Barry v. St. Mary’s Hospital the Plaintiff treated at Defendant – St Mary’s – for injuries he sustained in a car wreck. The defendant asserted 3 liens against the Plaintiff’s personal injury claim which he had against a third party who was not involved in this case. The defendant eventually submitted two of the three bills to Plaintiff’s health insurance.  The third remained a lien on the Plaintiff’s personal injury case. Plaintiff filed suit against St Mary’s claiming several things, including consumer fraud, third party beneficiary, and breach of contract. In this lawsuit, the plaintiff claimed that the defendant must      Read more…

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Personal Injury Springfield Injury Lawyer Blog Tort

The Most Interesting Case in Illinois on Electronic Discovery

There has been little guidance from the courts in Illinois about electronic discovery.  The Illinois Supreme Court has changed the rules a little bit to accommodate electronic issues. But for the most part we treat electronic discovery the same way we treat paper discovery. Facebook posts are discoverable to some extent and get used in the courts. Electronic documents are discoverable under the discovery rules. The appellate courts are slow to get cases because unless a litigant wants to take the time and money fighting about it the issues frequently just get resolved at the trial courts, without appellate review.      Read more…

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Springfield Injury Lawyer Blog Tort Reform Workers Compensation

Why the “Primary Cause” Test in Illinois Workers Compensation Claims is a Bad Idea

The court in Steak and Shake vs the Worker’s Compensation Commission addressed what is now a common issue in politics. Groups in Illinois wish to limit liability for workers’ compensation claims by only allowing the case to be compensable if it is the “primary cause” of the condition. This naturally sounds reasonable to people in the public. Why shouldn’t the primary cause be the test? What people fail to appreciate is that “primary cause” in workers’ compensation claims really means eliminating aggravations of pre-existing injuries as claims. The Steak and Shake case is it is a good example of why suing “primary cause” as      Read more…