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Articles Posted in Appellate Procedure

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Illinois Appellate Court Affirms $54 Million Jury Verdict Where Defendant-Appellant Failed to Raise Issue in Post-Trial Motion

David Lee Johnson, an employee of Universal AM-CAN Ltd. and Louis Broadwell LLC, was driving a truck owned by his employers above the speed limit while on a suspended license.  Johnson crashed his vehicle into a Jeep in front of him driven by the plaintiff, James Denton. The crash pushed…

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Illinois Appellate Court Reverses Summary Judgment in Police Pursuit That Resulted in Two Deaths

On April 10, 2014, two Chicago police officers noticed a car without a front license plate, and they attempted to pull it over. The vehicle, which was being driven by Glenn Jones, was owned by Dalia Smith who was a passenger in the car. As the Chicago police officers attempted…

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Illinois Appellate Court Affirms Jury Verdict Denying Settlement Offer Based on Collateral Attack Doctrine

The Illinois Appellate Court for the First District has affirmed the jury’s verdict in a personal injury case. On Feb. 16, 2013, Joanna Tielke was bowling at a facility run by Kevin Killerman and 3124 N. Central LLC. Tielke slipped while bowling and fell, suffering a severe injury.  She filed…

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$10.7 Million Cook County Verdict Reversed for a New Trial

The Illinois Appellate Court for the First District has ordered a new trial in the product-liability lawsuit against a water heater company. The jury’s verdict of $10.7 million for a toddler killed by scalding bathwater was the underlying lawsuit leading to this verdict. The Illinois Appellate Court’s decision centered on…

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Illinois Appellate Court Affirms Trial Court’s Decision on Claim of Ownership of Four Works of Art

Daniel and Rachel Brenner purchased four works of art from Evelyn Statsinger in the 1950s and 1960s. The artworks were displayed in the Brenner home continuously through the time of Daniel’s death in 1977 and Rachel’s death in 1990. The Brenner children, Ariel and Jonathan Brenner, inherited the artwork. When…

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Illinois Appellate Court Hears Oral Argument in Exculpatory Clause Injury Case

In a pending appeal from a jury verdict in favor of defendants Capital Fitness Inc. and a personal trainer, the plaintiff Gabriela Sosa-Gaines appealed the verdict handed down by a DuPage County Circuit Court jury on Aug. 4, 2017 and entered by the trial court. The principal basis for the…

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Illinois Appellate Court Reverses Dismissal of Case of Injured Worker Who Sued Metropolitan Water Reclamation District of Greater Chicago

Jeffrey Andrews was working as a cement finisher for F.H. Paschen S.N. Nielsen and Associates, LLC (“Paschen”) on a project for the Metropolitan Water Reclamation District of Greater Chicago (“Water Reclamation District” or “district”), a governmental entity. He fell 29 feet from a ladder to the bottom of a water…

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Selecting Jurors May Soon Be Aided by Technology Breakthrough

According to a recent American Bar Association Journal article written by Scott Carlson, trial consultants are turning to a proprietary software and technology information service for a product called Voltaire for jury selection. At least in my jury trial experience, selecting the jury is the most difficult and anxiety-ridden part…

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U.S. Court of Appeals Affirms in Part Dismissal of Product Defect Case at Construction Site, Spoliation Claim

Matthew Schaefer’s employer, Brand Energy, was putting in place a scaffold at the Dynegy Power Plant. Brand Energy had complete control over the scaffold construction and had acquired the scaffold components from Universal Scaffolding & Equipment LLC. Dynegy paid for the scaffolding and owned it. Brand Energy workers had difficulty…

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Illinois Appellate Court Has Ruled That Jury Verdicts for Medical Bills in Injury Cases Cannot Be Reduced by the Amount the Health Provider Writes Off

In the opinion written by the Illinois Appellate Court for the 4th District, the appellate court upheld the right of an injured plaintiff to recover the full amount of medical expenses if that amount had been written off by the medical provider. In the underlying case, a Coles County jury…

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