Articles From Andrea L. Kmak

Concert Security Detail Owes No Duty to Intoxicated Patrons and Drivers in Illinois By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, December 2019 The appellate court issued a ruling in a September 2019 wrongful death and survival suit, finding that a concert venue and operator were not liable for the decedent’s death in a premises liability case.
Illinois Supreme Court Rules Delayed Lakefront Trail Repair by Park District Does Not Rise to Willful and Wanton Misconduct By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, August 2019 The Illinois Supreme Court recently issued a ruling in Cohen v. The Chicago Park District that examined the application of certain sections of the Tort Immunity Act in an injury case.
Illinois Supreme Court upholds 50/50 split on crossclaim for contribution by one ‘blameless’ principal of a common agent against another By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, February 2019 The Illinois Supreme Court held in Sperl v. Henry, et al. that the Contribution Act may be applied to apportion liability between two principals that are vicariously liable for the same agent’s negligence.
Illinois Supreme Court green lights social host liability case for fraternity hazing By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, May 2018 While the doctrine against social host liability exists in Illinois, the Bogenberger v. Pi Kappa Alpha Corporation ruling demonstrates that in the presence of certain egregious facts, Illinois courts are willing to lift the protective doctrine against social host liability.
2 comments (Most recent May 25, 2018)
General contractor not liable for injury to subcontractor’s employee By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, March 2018 In LePretre v. Lend Lease (US) Construction, Inc., the court examined when a general contractor may owe a duty to employees of subcontractors, and the facts that can give rise to such a duty.

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