For all of you bar and restaurant owners out there – this one’s for you! The plaintiff was the Estate of a minor who died in a one-vehicle motorcycle accident and he was intoxicated at the time of the accident.
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Defense Wins! – Natural Accumulation
“My courtroom is where summary motions come to die!” That is what the judge told us when he granted our motion for summary judgment in Will County, Illinois. The entire courtroom agreed with his statement and the judge was shocked…
One Year Limitation Period for Dramshop Claims – No Exceptions!
In a long awaited opinion, the Third District Appellate Court recently solidified the one-year limitation period for Dramshop Act claims. This is a huge win for dram defendants, insurers and counsel. As a reminder: A cause of action brought pursuant…
Cook County Judge Finds Pre-Judgment Interest Unconstitutional & Invalid
On July 1, 2022, pre-judgment interest in tort related lawsuits became law in Illinois (735 ILCS 5/2-1303). On May 27, 2022, Judge Marcia Maras ruled that law is unconstitutional and invalid. (Hyland v. Advocate, Case No. 17 L 3541). The…
Defense Wins! – The Natural Accumulation Defense Wins Again
My latest natural accumulation defense win involves two of my favorite nuisances of the rule – inside and water dripping from a shopping cart. The plaintiff and her friend were walking into a large retail store and it was raining…
REMINDER – PRE-JUDGMENT INTEREST WRITTEN SETTLEMENT OFFER DUE SOON
The Illinois Pre-Judgment Interest Act took effect in Illinois on July 1, 2021. (735 ILCS 5/2-1303). This law provides for prejudgment interest on all damages rendered in personal injury and wrongful death claims at the rate of 6 percent per…
NEW CASELAW: Natural Accumulation
There is a new reported decision in Illinois regarding natural accumulation that is worth noting, Gore v. Pilot Travel Centers, LLC, 2021 IL App (3d) 210077. The plaintiff slipped and fell on ice on the sidewalk of a gas station. …
Defense Wins! – Binding Arbitration
In the time of Covid, jury trials are few and far between, but some cases are not meant to be settled. In these situations I highly recommend binding arbitration. The plaintiff gets her “day in court”, the price is extremely…
Defense Wins: Product Liability / Food Borne Illness
Summary judgment was granted on behalf of my client in a case involving a claim of salmonella poisoning and the plaintiff did not appeal the ruling. The moral to this case is that timing matters! The plaintiff claimed he worked…
Pre-Judgement Interest in Illinois
The Plaintiffs’ Bar continues to completely dominate Illinois and latest proof of this is a new law taking effect soon – prejudgment interest. Here are the main points to know about the new law: Illinois Senate Bill 72 (Prejudgment Interest…