On August 28, 2014, Patricia Watson suffered multiple facial fractures and other injuries while riding her bicycle in St. Peters, Missouri. Watson was riding on the sidewalk and flipped head-first over the handlebars when the front wheel of her bicycle went into a sump inlet that the City had installed on the sidewalk. Watson sued the City of St. Peters for negligence, alleging that the sump inlet was an unreasonably dangerous condition. To prevail on her claims, Watson had to establish: 1) a dangerous condition existed on the premises that was not reasonably safe; 2) the City knew of the ...
Paulette Anthony was driving down the road when a truck crossed into her lane, causing her to crash into Lisa Hearn’s vehicle. Hearn sustained serious injury. Hearn claimed to have interacted with the truck driver following the accident, but the truck driver fled the scene before police arrived. The truck and its driver were never identified. However, Hearn claimed that the truck bore ABF signage.
Hearn and her husband, Daniel, sued ABF for negligent operation of a motor vehicle. It would seem the Hearns would have an uphill battle with no identified driver and only a memory of the ABF ...
Property insurance policies typically contain provisions requiring the insured to cooperate with the insurer in the investigation and adjustment of the loss. As part of those post-loss obligations, the insured may be required, if requested by the insurer, to submit to an examination under oath and produce documents and records related to the claim. The typical policy provision is phrased as follows:
Your Duties After Loss
After a loss to which this insurance may apply, you shall see that the following duties are performed:
As often as we reasonably require, submit to and subscribe ...
“Just when I thought I was out, they pull me back in!” –Michael Corleone, The Godfather Part III
Al Pacino probably doesn’t know it, but his iconic line from The Godfather Part III encapsulates the plight of hospitals pulled into medical malpractice suits due to negligent credentialing claims. That’s because plaintiffs sometimes assert this claim when they cannot prove a deviation from the standard of care on the part of any hospital employee or agent—so even if a hospital thinks that it’s out of the suit, plaintiffs can sometimes pull it back in by alleging that it ...
A person injured by another’s negligence is entitled to recover the reasonable value of the necessary medical care she received for her injuries. Although most injured parties have their medical care paid for by a third party—either health insurance or a government program—which settles the medical bills for a significantly discounted amount, in Illinois the injured party can submit the actual billed charges with a proper foundation to seek recovery of more than was actually paid for her care. In Willis v. Foster, 229 Ill. 2d 393 (208), the Supreme Court of Illinois held that ...
A wide variety of employment-related statutory changes went into effect in Illinois this year. These include important amendments to the Illinois Human Rights Act (IHRA), such as P.A. 101-0430, which, effective July 1, 2020, expanded the definition of an employer to cover any person employing at least one (not fifteen) employee(s). Additionally, P.A. 101-0221—which enacted the Workplace Transparency Act, the Sexual Harassment Victim Representation Act, and the Hotel and Casino Employee Safety Act and which amended the IHRA, the Victims’ Economic Security and Safety Act ...
Any defense practitioner who frequently litigates in Illinois state court has seen this situation before. You are defending an action, and at some point, and for whatever reason, the plaintiff moves for a voluntary dismissal under 735 ILCS 5/2-1009. The dismissal order includes language giving plaintiff “leave to replead, with costs to be repaid upon refiling, etc.” Oftentimes, plaintiff does in fact refile the action within one year, pursuant to 735 ILCS 5/13-217, in the form of a new complaint with a new case number. The defendant is served in the new suit, and the litigation ...
The old maxim that “bad facts make bad law” is only a precursor to the conclusion that “bad facts and bad law make very bad results.” Bronx Honda engaged in almost inexplicably bad behavior by engaging in discriminatory and deceptive practices related to its vehicle financing practices for minority customers. In a case that has broad industry implications, the Federal Trade Commission (FTC) took note and put the pedal to the metal on stopping these practices.
On May 21, 2020, the FTC filed a complaint for injunctive and other relief against Liberty Chevrolet d/b/a Bronx Honda ...
The Illinois Department of Insurance cannot adjudicate employment status disputes relating to insurance premium calculations. That is the ruling from the Illinois First District Court of Appeals in a significant decision with ramifications for trucking companies utilizing owner-operator agreements.
The case, CAT Express, Inc. v. Muriel, 2019 IL App (1st) 181851, concerned whether truck drivers retained under an owner-operator agreement are employees or independent contractors for the purpose of workers’ compensation insurance. CAT Express (“CAT”), an Illinois ...
By now, most of us have seen a funny warning sign or two, either in person or perhaps as a meme on social media. While these warnings may give us a quick laugh, can they also be useful in shielding against liability for bodily injury claims? The Third District of the Illinois Appellate Court thinks so, as set forth in its recent decision in Smith v. The Purple Frog, Inc., 2019 IL App (3d) 180132.
In Smith, plaintiff sued a bar for negligence after backing into a heater located in the bar’s outdoor beer garden and sustaining injury. Plaintiff had gone out to the beer garden to smoke. The heater was ...
