Co-editor’s noteBy John L. NisivacoTort Law, March 2001The first article in this edition is written by Mark A. Rouleau of The Law Offices of Mark A. Rouleau in Rockford, Illinois. Mark Rouleau also serves as the current chair of the Tort Law Section Council.
Supreme court holds HMOs may be liable for institutional negligenceBy Daniel P. WurlTort Law, March 2001While it is common knowledge that a health care institution can be vicariously liable for the negligent acts or omissions of its employees and agents under the doctrine of respondeat superior, litigators sometimes overlook a claim against the health care institution itself for its own independent negligent acts or omissions.
Supreme Court hands victory to railroad industry in crossing caseBy Timothy J. CavanaghTort Law, November 2000Earlier this year the United States Supreme Court handed down its much anticipated decision in the case of Norfolk Southern Railway Company v. Shanklin, No. 99-312 (2000 U.S. Lexis 2519; April 17, 2000).
Proof future lost earningsBy Wayne O. SmithTort Law, September 2000Plaintiffs' lawyers are often faced with the dilemma of whether they have a sustainable case for future lost earnings.
Supervision immunity is no longer absoluteBy Darcy L. ProctorTort Law, September 2000For many years, governments have enjoyed absolute immunity for the failure to supervise an activity on public property.
When can a party that is not a liquor licensee be liable under the Dramshop Act?By Kevin E. O’ReillyTort Law, September 2000Recently the Third District ruled that a land trustee could not be held liable to an injured party under the Dramshop Act. 235 ILCS 5/6-21(a). Kulikowski v. Larson, 305 Ill. App. 3d 110, 710 N.E.2d 1275, 238 Ill. Dec. 173 (3rd Dist. 1999).
Admissibility of board certificationBy Karen McNulty EnrightTort Law, June 2000In medical malpractice cases we frequently find ourselves asking a physician whether or not they are board certified.
HMO liability and the fiduciary duty of physiciansBy Daniel P. WurlTort Law, May 2000There has been a flurry of recent decisions by the appellate courts involving important issues relating to health maintenance organizations (HMOs) and the physicians who treat patients in HMOs in which the physicians have an ownership interest.
Using focus groups to prepare for trialBy Jeffrey J. KrollTort Law, March 2000A focus group is typically composed of twelve individuals who are brought together for two to four hours to watch a short presentation of the case and discuss the various issues raised.
Beware the empty chairBy Terrence J. LavinTort Law, December 1999One of the most troubling aspects of trying malpractice cases on behalf of injured patients is the specter of what is commonly known as the "empty chair defense."
Defective six-month notices will no longer bar actions against the CTABy Charles R. WinklerTort Law, January 1999In the April 1994 issue of Tort Trends, my article "It's time to say good-bye to the six-month CTA notice requirement" concluded with, "The time has come to repeal the notice requirement of the Metropolitan Transit Authority Act."
Finding insurance coverage: You need to know how to lookBy Jill B. BerkleyTort Law, January 1999When facing catastrophic loss, corporate America and tort plaintiffs have a common goal – secure the benefit of an insurance policy.
High-low deals: In vogue or in trouble?By Jeffrey J. KrollTort Law, January 1999Not long ago, settling a case was pretty simple. The parties would agree on a value and the case would settle.
