Inaccurate Instructions and Interest on the Verdict: Takeaways from Johnson v. Advocate For the Medical Negligence Professional
The Johnson Case and the Issues on Appeal The Johnson plaintiff filed suit on behalf of herself and her minor child, alleging that negligent delays during labor and delivery resulted in a brain injury and lasting neurodevelopmental impairments. Advocate defended the case on both standard of care and causation, presenting expert testimony that fetal growth restriction (FGR), a condition […]
Circuit Court Revested with Jurisdiction the Date the Appellate Court Issues Mandate—Even if Circuit Court Clerk Fails to File It
Introduction Mandates are procedural devices whereby appellate courts transmit their judgments to the trial court and revest the trial court with jurisdiction. Illinois Supreme Court Rules 368 and 369 require appellate court clerks to transmit the mandate to the circuit court. Circuit court clerks must then “promptly” file the mandate upon receiving it. Ill. Sup. […]
Illinois Appellate Court Rules on Sole Proximate Cause Jury Instruction
Introduction On May 7, 2025, the First District of the Illinois Appellate Court upheld a $20 million verdict against a hospital in a medical malpractice case[i]. In doing so, the Court ruled that: Case Background The parents in this case sued the hospital, their obstetrician, and three resident physicians over their son’s birth defect, which […]
Illinois Appellate Court Reviews Effort to Circumvent 10-Year Statute of Repose for Construction Projects
Case Background In 2018, Plaintiff, Dominic Difoggio, was driving on Schoolhouse Road in New Lennox, Will County. Id. at ¶ 3. As he neared the bridge on Schoolhouse Road crossing Hickory Creek, his vehicle slid on ice and/or snow and slid into a concrete or cement abutment at the southwest corner of the bridge. Id. His vehicle […]
Illinois Appellate Court Examines a Duty to Others in an Operating Room
Background This case resulted from a shoulder injury sustained by a long-time operating room nurse during a laparoscopic surgery. Nurse Harris sued the surgeon and his professional corporation alleging he was negligent during the surgery because he moved a ceiling mounted monitor while her hands were on the monitor. The Plaintiff alleged the surgeon asked […]
Appellate Court Upholds Summary Judgment in Favor of General Contractor on Issue of Retained Control
Background Plaintiff, Thomas W. Neisendorf, an employee of subcontractor Campton Construction, Inc. (“Campton”), filed suit against general contractor Abbey Paving Co, Inc. (“Abbey”) alleging he was injured when a trench wall collapsed on him at McHenry County’s government center. He alleged Abbey failed to erect, construct, or place a safe, suitable, and proper protective system […]
Retention Pond Is Open and Obvious Danger for Which Property Owners Owe No Legal Duty to Unsupervised Child
Introduction It’s a parent’s worst nightmare: their young child wanders off to nearby property and accidentally drowns in a body of water, be it a swimming pool, lake, retention pond, or even a puddle. But to what extent does the property owner owe a legal duty of care to the unsupervised child? In Purevdori v. Mission […]
Beyond the Signature: How Context and Timing of Consent Forms Can Impact Apparent Agency Claims
Illinois’ First District Appellate Court recently examined the nuances of crucial elements of apparent agency claims in medical malpractice cases. In doing so, the Court addressed an issue of first impression: When does a consent form have to be given to a patient by a hospital for the consent to be effective? As part of […]
Appellate Court Upholds Illinois Coal Ash Regulations
When a power plant burns coal to create energy, it produces coal combustion residue (CCR), often referred to as coal ash. Dry coal ash can go to a landfill, but wet coal ash is typically directed to an on-site impoundment often known as a coal ash pond. CCR contains contaminants such as mercury, arsenic, and […]
Law Enforcement Liability for Failing to Perform Statutory Duties in Domestic Violence Situations
Introduction The Illinois Domestic Violence Act (750 ILCS 60/101 et seq.) provides a comprehensive statutory scheme for dealing with domestic violence situations. Under Section 304, law enforcement officers are required to actively assist victims of domestic abuse. When officers have reason to believe a person has been “abused, neglected, or exploited by a family or household […]