Court reinforces prohibition against using deceased party’s discovery deposition as trial evidence
By Kathryn R. Hoying
Civil Practice and Procedure,
October 2007
In the matter of Longstreet v. Cottrell, Inc., 374 Ill.App.3d 549, 871 N.E.2d 72 (5th Dist. 2007), the appellate court reconciled Illinois Supreme Court Rules 212(a)(3) and 212(a)(5), and affirmed the trial court’s order barring the use of a deceased plaintiff’s discovery deposition as evidence at trial. Plaintiffs, a truck driver and his wife, filed suit for bodily injury and loss of consortium allegedly suffered in connection with the husband’s employment.
Recent developments under Batson
By Kathryn R. Hoying
Civil Practice and Procedure,
June 2007
In the matter of Mack v. Anderson, the appellate court addressed the seminal case on the prohibition against racial discrimination in jury selection, Batson v. Kentucky, and reversed the trial court’s denial of plaintiffs’ Batson motion.
Court reviews jury instructions, expert testimony, remittitur and post-judgment interest
By Kathryn R. Hoying
Civil Practice and Procedure,
February 2007
In the recent strict products liability case of Mikolajczyk v. Ford Motor Co., the court resolved a number of issues where a decedent’s estate alleged a defective design of a collapsing front seat against Ford, and negligence against the other driver, whose negligence was determined by summary judgment.
Beware of putting attorney-client communications at issue or face waiver of privilege
By Kathryn R. Hoying
Civil Practice and Procedure,
January 2006
In Lama v. Preskill, 353 Ill. App. 3d 300, 818 N.E.2d 443 (2nd Dist. 2004), the Second District Appellate Court affirmed the trial court’s judgment that certain contested documents were not protected by the attorney-client privilege, but reversed the trial court’s contempt order entered against plaintiff and her attorney for refusal to tender the contested documents to opposing counsel.
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