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Diminishing the Requirement for Causation Experts

In Thompson v. Laspisa, the Illinois Appellate Court held that expert testimony is not automatically required to establish proximate cause in medical or dental negligence cases. While expert evidence may be necessary for complex causation issues, the court ruled that a jury can assess obvious damages—such as pain and suffering—without specialized medical testimony. The decision partially reversed summary judgment, clarifying that the need for expert testimony depends on whether the issue is beyond the understanding of an average juror.

Child Riding Bicycle on Residential Street Not “Intended User” and Village Entitled to Immunity

As a child of the 80s, I rode my BMX through suburban streets, unaware of cycling laws. This reality struck sixth-grader Denis Hodzic, injured after hitting a sinkhole while biking in Lincolnwood, Illinois. His mother’s lawsuit raised an important question: should municipalities be accountable for cyclist injuries on their roads? The answer lies in the complex distinction between “intended” and “permitted” users, which could reshape biking safety and municipal responsibility.

Sovereign Immunity Extends to Formerly Private Entities Now Owned by the State

In a recent ruling, the Illinois Court of Appeals affirmed that sovereign immunity extends to formerly private institutions now owned by the state, as seen in the case of Abo-Saif v. Bd. of Trustees of Univ. of Illinois. This decision highlights the complexities surrounding contract disputes involving entities that transition from private to public ownership. Plaintiff Bishoy Abo-Saif, a disabled student, faced significant challenges after his dismissal from John Marshall Law School, raising critical questions about the rights of individuals against state-owned entities. Discover how the court navigated these legal waters and what it means for future claims.

Quiroz v. Chicago Transit Authority: An Illinois Supreme Court Analysis Regarding the Duty of Care

In Quiroz v. Chicago Transit Authority, the Illinois Supreme Court considered if a landowner owes a duty of care to a trespasser in peril. Ricardo Quiroz died after entering a CTA subway tunnel, raising legal questions about landowner responsibilities. The ruling centered on whether the danger from a moving train was open and obvious, impacting the duty of care in Illinois. Explore the court’s reasoning and implications.

To Err is Human: Seventh Circuit Holds that Hospital is Immune from Liability Related to Misdiagnosis

In a recent ruling, the Seventh Circuit addressed medical liability under the Illinois Tort Immunity Act. The case of Glen Lash, who died after a misdiagnosis, raises critical questions about healthcare providers’ responsibilities. Did the hospital act negligently, or were they immune? This decision impacts the Lash family and sets a precedent for medical malpractice claims. Explore how the court handled this issue and its implications for patients and healthcare institutions.

How and When to Present Residency Evidence Can Be Key to Trial Success

In the complex world of insurance claims, determining residency is pivotal. The case of *State Farm v. Bierman* illustrates the analysis required to establish a person’s primary residence. Centered on a tragic accident, this case addresses witness testimony and intent in residency determinations. Discover how the court navigated these challenges and their implications for future claims.

Local Governments and Cyclists Take Note: First District Limits Recent Exception to Tort Immunity Act

In a key ruling, the First District Appellate Court created a limited exception to the Tort Immunity Act for cyclists near Divvy stations in Chicago. However, this was restricted in Babic v. The Village of Lincolnwood, raising questions about a municipality’s duty of care to cyclists. This decision highlights the need for local governments to clarify their stance on bicycle use on public streets. Discover how these rulings impact cyclists and municipalities.

Illinois Snow and Ice Removal Contractors Beware! It’s Time to Revisit What Snow and Ice Services You’ve Agreed to Perform

Attention Illinois snow and ice removal contractors! With winter approaching, it’s crucial to review your contracts due to a key legal change. The Illinois Supreme Court ruled that property owners aren’t liable for natural snow and ice, but a new decision may hold contractors responsible for related injuries. Learn how this impacts your responsibilities and how to protect your business.

First District Creates Narrow Exception to Tort Immunity Act

A recent ruling by Illinois’ First District Appellate Court has created a narrow exception to the Tort Immunity Act, raising intriguing questions about municipal liability. In a case involving a cyclist who fell in a crosswalk near a Divvy bike rental station, the court determined that the presence of the bike station indicated an intention for cyclists to use the adjacent roadway. This landmark decision challenges traditional interpretations of duty owed by municipalities and could signal a shift in how similar cases are approached. Discover the implications of this ruling and what it means for cyclists and city responsibilities.