Diminishing the Requirement for Causation Experts
Summary of Courts’ Decisions Plaintiff, Nicole Thompson, appealed summary judgment in favor of the Defendant, oral surgeon Dr. Joseph Laspisa, on her dental negligence claims. The Circuit Court granted summary judgment on the basis that Plaintiff did not offer expert testimony on proximate cause. The Appellate Court reversed in part, holding that some elements of […]
Child Riding Bicycle on Residential Street Not “Intended User” and Village Entitled to Immunity
Introduction As a child of the 80s, I have fond memories of jumping on my BMX bike and riding suburban Chicago streets with my brothers and neighborhood friends. Whether it was a trip to the park, to visit nearby friends and family, or to the mall, I was on my bike day and night. The […]
Sovereign Immunity Extends to Formerly Private Entities Now Owned by the State
This post was written by HeplerBroom Summer Associate Sarah Jolley. A supervising partner also contributed to the post. In Abo-Saif v. Bd. of Trustees of Univ. of Illinois, 2022 IL App (1st) 211091, the Illinois Court of Appeals, First District affirmed the Circuit Court of Cook County’s holding that sovereign immunity extends to contract disputes involving […]
Quiroz v. Chicago Transit Authority: An Illinois Supreme Court Analysis Regarding the Duty of Care
It is longstanding law in Illinois that a possessor of land does not owe a duty of care to an adult trespasser on his land except to refrain from willfully and wantonly injuring that trespasser.[1] For example, a railroad operator is not expected to keep a lookout for persons on a railroad track that’s away from […]
To Err is Human: Seventh Circuit Holds that Hospital is Immune from Liability Related to Misdiagnosis
This blog post was written by HeplerBroom Summer Associate Caitlin Jarman. A supervising partner also contributed to the post. Case Background Glen Lash presented to Sparta Community Hospital District (“Sparta hospital”) with complaints of shortness of breath and chest discomfort. Lash v. Sparta Cmty. Hosp. Dist., 38 F.4th 540, 541 (7th Cir. 2022). Upon arrival, Lash’s […]
How and When to Present Residency Evidence Can Be Key to Trial Success
Most home and auto insurance policies contain one or more clauses implicating the coverage afforded based on the residency of a named insured or someone seeking coverage under the insurance policy. Although determining one’s place of residence may seem like a straightforward issue, it can require a very fact-intensive analysis under a variety of circumstances. […]
Illinois Appellate Court Rules Policy Exclusion Clause Does Not Apply: Insurer Had Duty to Defend and Indemnify
This blog post was written by HeplerBroom Summer Associate Jocelyn Andersson. A supervising partner also contributed to the post. In Illinois Farmers Insurance Co. v. Godwin, the insured was in a car accident while driving his father’s car. Defendant Farmers denied coverage, arguing that the insurance policy’s exclusion clause applied because insured’s father’s car was not […]
Local Governments and Cyclists Take Note: First District Limits Recent Exception to Tort Immunity Act
In a recent blog (which can be read here), HeplerBroom attorney Stephanie Weiner highlighted the First District Appellate Court’s recent ruling in Alave v. City of Chicago and its impact on the Local Governmental and Governmental Employees Tort Immunity Act. In Alave, the First District created a narrow exception to the Tort Immunity Act for bicycle riders near […]
Illinois Snow and Ice Removal Contractors Beware! It’s Time to Revisit What Snow and Ice Services You’ve Agreed to Perform
As this last long winter season has finally come to an end, it’s time for contractors to revisit their snow and ice removal contracts for next winter. Illinois law regarding snow and ice removal contractors’ liability seems to have quietly changed, so take a hard look at what you’ve agreed to perform on behalf of […]
First District Creates Narrow Exception to Tort Immunity Act
A recent ruling by Illinois’ First District Appellate Court has carved out a narrow exception to the Tort Immunity Act. Case Background In 2019, Plaintiff was riding his bicycle within a crosswalk on a Chicago city street when he hit a pothole and fell, sustaining injuries. The area where he fell was 100 feet from […]