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Articles Posted in Civil Procedure

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Cook County Judge Finds Prejudgment Rule Unconstitutional

Circuit Court Judge Marcia Maras has ruled that the prejudgment interest law that went into effect in 2021 is unconstitutional. Under this law, plaintiffs in personal injury and wrongful death lawsuits are able to collect 6% interest against defendants from the time the lawsuit is filed until it is disposed…

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Illinois Appellate Court Answers Two Questions Related to Suing a Deceased Defendant

On May 11, 2018, Alyce L. Richards and Joshua T. Wilson were involved in a car crash. Richards was injured and Wilson died. On May 6, 2020, Richards filed a lawsuit, five days before the statute of limitations expired, alleging that the crash was caused by Wilson’s negligence. Richards was…

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Illinois Appellate Court Reverses Dismissal of Injured Plaintiff’s Case Who Sued the Wrong Entity, Allowing Piercing of Corporate Veil

A Will County judge rejected Diana Angell’s attempt to use veil-piercing to overcome a mistake made in suing the wrong defendant. Her attorney sued Santefort Family Holdings LLC when she should have targeted an affiliated company known as Midwest Home Rentals LLC. Having done so, the circuit court judge dismissed…

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Illinois Appellate Court Finds That Decedent’s Discovery Deposition Should Be Used as Evidence at Trial Pursuant to Supreme Court Rule 212(a)(5)

This was a negligence lawsuit in which the defendant died two years after his discovery deposition. In this case, the Illinois Appellate Court was unanimous on the dispute about the Illinois Dead-Man’s Act, 735 ILCS 5/8-201. However, justices of the 5th District, Judy L. Cates and David K. Overstreet, disagreed…

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Illinois Appellate Court Affirms Claim for Punitive Damages for Negligent Hiring, Supervision and Retention in Sexual Predator Lawsuit

This was a pretrial hearing on the motion to add a punitive damage count to a complaint against the Catholic Bishop of Chicago for alleged negligent conduct in hiring, supervising and retaining a priest who allegedly abused John Doe when he was a third-grade student at St. Agatha Academy. The…

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Tort Immunity Prevents Injured Elevator Serviceman from Recovering for Injuries

The Illinois Appellate Court for the 1st District has affirmed the decision of a Circuit Court judge dismissing the lawsuit for the injuries suffered by Rudy Nourse while working as an elevator serviceman. On March 20, 2014, Nourse was working for the Suburban Elevator Co. He and his supervisor were…

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Illinois Appellate Court Affirms Agency Relationship for Injured Taxi Driver

Ordinarily, a person who is injured must seek a remedy from the person who caused the injury. However, the doctrine of respondeat superior provides an exception to that rule, in that a principal may be held liable for the actions of an agent who causes an injury. Edward Grinyov was…

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Worker Can Recover for Chemical Exposure Injuries from Totalox

Carus Corp. (Carus) was an international company that developed and sold chemical products for municipal and industrial applications. In a federal lawsuit, Carus was named as a defendant. Carus’s products included a chemical called Totalox, which essentially was designed as a deodorizer for sewer systems. The town of Lexington (town)…

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Chemical Exposure Injury Case Ordered Back to Trial Court

The plaintiff Stephen Limoges claimed that he suffered significant pulmonary injuries as a result of inhaling the toxic fumes following a chemical spill. Plaintiffs brought suit against three different entities, including Arden Engineering Constructors LLC, alleging that they were individually and collectively responsible for Limoges’s injuries. Mr. Limoges was an…

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Illinois Supreme Court Finds 6-Person Jury Law Unconstitutional

The Illinois Supreme Court has handed down a decision that affirmed a December 2015 ruling by Cook County Associate Judge William E. Gomolinski. The original lawsuit was a medical-malpractice case filed no more than a month after the law, which permitted a unilateral decision by a party to empanel 6-person…

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