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Articles Posted in Jury Instructions

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Illinois Appellate Court Reverses Judgment in Favor of Plaintiff Based Upon an Admission of Negligence Under the Theory of Agency

In a 2-1 decision, the Illinois Appellate Court reversed a judgment that resulted in a $1 million verdict in punitive damages and a $163,327 in compensatory damages. The suit was brought against Pan-Oceanic Engineering Co. for reckless conduct that allegedly caused a motor vehicle crash, injuring Fletcher McQueen.  It was…

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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 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, Concluding That Trial Judge Misapplied the Law Regarding Sole Proximate Cause

In a divided opinion by the Illinois Appellate Court, the majority viewed the case revolving “around a single question: Is the sole proximate cause theory and jury instruction available in a negligence action if a defendant argues more than one nonparty actor was the sole proximate cause of plaintiff’s injury?”…

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Illinois Appellate Court Decides that Contribution Claim Had to Be on Verdict Form

The Illinois Appellate Court found that there was a discrepancy in the meaning of “common liability” in Section 2(b) of the Illinois Joint Tortfeasor Contribution Act. The underlying case was when an Alex Express freightliner crashed into the car of Thomas and Diane Roberts. The Roberts family claimed $2 million…

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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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Seriously Injured Worker Denied Relief Under Respondeat Superior

Dean Wilcox fell 50 feet through an open catwalk hatch onto a concrete floor. Having sustained severe injuries, he sued the on-site safety planner, Steven Basehore, for negligent planning causing the fall; Wilcox also named the safety planner’s employer, Bartlett Services Inc., and an intermediary company, ELR Consulting Inc. (ELR),…

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Illinois Appellate Court Finds that Restriction on Order Regarding Motion in Limine Does Not Prevent Other Party from Attempting to Enter Evidence for a Permitted Use

On Jan. 27, 2011, there was a multi-car crash on Interstate 294 in the Chicago suburbs. Kevin Boyd George drove his car into the rear of another car and that car was in turn pushed into a car driven by the plaintiff, John Larkin. Larkin’s car was pushed into the…

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Illinois Appellate Court Affirms Jury’s Verdict in Truck Crash on Icy Indiana Highway

The Illinois Appellate Court has affirmed a defense verdict in a multi-vehicle crash on an icy Indiana highway that caused severe injuries to motorists. The big issue in the case was which state’s law should be applied at a Cook County Circuit Court jury trial. On Dec. 26, 2007, Clifford…

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Illinois Appellate Court Affirms Injured Party’s Failure to Preserve Appeal

In a car crash case in which the plaintiff claimed injury, the jury found for the defendant, and the plaintiff appealed. The appellate court found that the plaintiff had not preserved the appealed issues and affirmed the decision of the jury and the trial court in favor of the defendant.…

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