Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2005 Articles

Defense surveillance video of plaintiff ruled inadmissible By Stephen G. Baime March 2005 A recent decision of the Illinois Appellate Court, First District, is of great importance to lawyers representing either party in personal injury and workers' compensation litigation.
Editor’s note By John L. Nisivaco December 2005 In the first article of this edition, Albert E. Durkin of the newly formed firm of Miroballi, Durkin & Rudin, explains the benefits of being alert to ever-advancing technology and how it can be used to an advantage in the courtroom.
Editor’s note By John L. Nisivaco November 2005 The first article in this edition is written by Karen Enright and Ruth Degnan of Winters, Enright, Salzetta & O’Brien. In Clifford v. Wharton Business Group, L.L.C., the First District Appellate Court elaborated on the distraction exception to the open and obvious doctrine.
Editor’s note By John L. Nisivaco June 2005 The first article in this edition is written by William Allison of Allison & Mosby-Scott. Mr. Allison highlights a new wrinkle in the oft-controversial Frye analysis.
Editor’s note By John L. Nisivaco March 2005 An introduction to the issue from Editor John Nisivaco.
Editor’s note By John L. Nisivaco January 2005 The first article in this edition, written by Scott Lane of Lane & Lane, tracks the evolution of "aggravation of a pre-existing condition" over the last 10 years, culminating in the withdrawal of IPI 30.03 in late 2004.
IPI instructions-Aggravation of a pre-existing condition is not a separate element of damages By Scott D. Lane January 2005 A recent flurry of Appellate Court decisions and the withdrawal of IPI 30.03, have now made it clear that aggravation of a pre-existing condition is not a separate element of damages.
Moving as the non-movant By Anthony Longo June 2005 Time is the great enemy of all people, and lawyers are no exception. Often in litigation, a primary goal of your client is to move things along quickly, rather than at a pace dictated by other parties.
New reality, New responsibility: Technology & demonstrative evidence in the courtroom By Albert E. Durkin December 2005 Because technology is now everywhere—we as lawyers have the responsibility to make sure that “everywhere” includes courtrooms.
Open & obvious—Or have you forgotten? By Karen McNulty Enright & Ruth Degnan November 2005 The First District Appellate Court recently provided an instructive and comprehensive decision on the distraction exception to the open and obvious doctrine in Clifford v. Wharton Business Group.
Rule 222—A ticking time bomb By Robert Fink November 2005 Unlike “requests to admit,” Rule 222, Limited and Simplified Discovery in Certain Cases, has not been the focus of much attention. It, however, has been increasingly used to devastating effect and is a potentially more powerful tool than requests to admit.
Spoliation after Dardeen … back to Boyd By Albert E. Durkin & Tressa A. Pankovits March 2005 The existence or nonexistence of a duty imposed upon parties to preserve evidence pertinent to civil actions has been hotly debated in the Illinois courts for more than a century.
Spoliation of electronic evidence: This way be dragons! By Sharon D. Nelson & John W. Simek December 2005 Ancient mariners navigated by maps that sometimes depicted dragons in uncharted waters, occasionally even bearing the legend: “This way be dragons.”
Supreme court gives lesson on Frye By William A. Allison June 2005 The Illinois Supreme Court was recently presented with a question regarding the admissibility of actuarial risk assessment to predict whether a convicted sex offender would commit sexually violent crimes in the future.
Update on liens By Charles H. Delano January 2005 The settlement of personal injury cases often involves negotiation not just with the defendant, but with health insurers, the Department of Public Aid, ERISA plans, or other third-party payors who may make claims upon the settlement proceeds.