Illinois Supreme Court Remands Truck Injury Lawsuit for Review for Judicial Admission

The Illinois Supreme Court held that it lacked appellate jurisdiction to review a trial court order because the order was not final. In this matter, the plaintiff, Clifton Armstead, was a semi-truck driver working for a Pennsylvania-based company. Armstead was injured in Illinois by another semi-truck operated by Derrick Roberts. Armstead filed a workers’ compensation claim with the Pennsylvania Department of Labor, which led to the signing of an agreement settling the workers’ comp claim.

The agreement stated that Armstead suffered from a right knee strain but no other injuries.

Armstead concurrently filed a negligence action in Grundy County, Ill., against Roberts and his employer, National Freight. The trial court granted a partial summary judgment in the defendant’s favor, determining that the workers’ compensation agreement included a judicial admission precluding Armstead from asserting injuries other than a right knee strain. The Illinois Appellate Court affirmed.

The Illinois Supreme Court remanded the case back to the trial court for dismissal.  Under Illinois Supreme Court Rule 304(a), only a final judgment or order is appealable.  In this case, the trial court order merely resolved an issue within the claim; it did not dispose of Armstead’s negligence claim and only precluded Armstead from asserting injuries other than a right knee strain.

Because the order was not final, both the Illinois Appellate Court and the Illinois Supreme Court lacked appellate jurisdiction.  Accordingly, the case was remanded back to the trial court for further handling.

Armstead v. National Freight, Inc., 2021 IL 126730.

Kreisman Law Offices has been handling truck accident lawsuits, automobile accident cases, bicycle injury lawsuits, motorcycle accidents, Illinois appeals, and nursing home negligence cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Naperville, New Lenox, Orland Park, Lemont, Arlington Heights, Antioch, Cary, Grayslake, Palatine, Chicago (North Lawndale, Englewood, Austin, South Shore, Lincoln Square, Old Town Triangle, River North, Bronzeville), Bolingbrook, Joliet, Romeoville and Waukegan, Illinois.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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