Race cars

Illinois Appellate Court Addresses Racetrack’s Liability

The First District Appellate Court of Illinois recently addressed the liability of a property owner for negligently maintaining its premises in Morrissey v. Arlington Park Racecourse LLC, No. 1-09-3460 (2010). In Morrissey, the plaintiff was injured when the horse he was riding slipped and fell. The plaintiff filed a personal injury lawsuit, alleging that the […]

White court house

Maryland’s Highest Court Upholds Cap on Non-Economic Damages

In April, we reported that the Court of Appeals of Maryland heard oral arguments in a case regarding personal injury damage caps. In the case being appealed, the parents of a young child who had drowned received a jury award of $4 million for their pain and suffering, but the damages were reduced to $1 […]

Smartphone displayed on

Court Holds Private Social Media Postings Discoverable in Personal Injury Lawsuit

It’s undeniable–social media use is increasing exponentially. And, with this rapid increase in the use of social media, more attorneys are quickly realizing the utility of social media postings in litigation. When witnesses or parties to a lawsuit publicly post about their activities and whereabouts, the information can be used to dispute claims of injury […]

Line graph going up

Personal Injury and Workers’ Compensation Round Up

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: “Philadelphia Eagles Under Fire after Players Sustain Concussions” – Brain Injury Lawyer blog “Workers’ Comp in Washington State – I-1082 Will Raise Costs and Reduce Benefits” – The Pop Tort “The Corruption Of Medical Research By Industry […]

Football on field

Study Shows Concussions in Young Athletes Increasing Dramatically

The problem of concussions in athletes is an issue that has been receiving lots of press lately, in large part due to the new found understanding of the seriousness of these types of head injuries. In the past, concussions were believed to be mild injuries, requiring little if any follow up attention. However, as we’ve […]

Man drinking and driving

Illinois Court Holds Dram Shop Act Inapplicable in Automobile Accident Lawsuit

Generally speaking, in Illinois, lawsuits may not arise from the sale or gifting of alcoholic beverages, since the Dram Shop Act (S.H.A. 235 ILCS 5/6-21) preempts all alcohol-related liability claims. However, where the claim is based on legal theories independent from the defendant’s provision of alcohol, the Dram Shop Act does not preempt the lawsuit. […]

X-ray of brain

Congress Considering Passage of Concussion Treatment and Care Tools Act

In a prior post, we discussed traumatic brain injuries and how concussions, once described as “mild” traumatic brain injuries, are anything but. More and more medical research is showing that concussions are serious injuries with lasting effects. The issue of the seriousness of concussions and the ramifications for athletes is becoming a hot topic. Both […]

Parked cars

Consumer Safety Groups Want Car Rental Companies to Fix Recalled Cars

When you rent a car, you assume the vehicle has been properly maintained, don’t you? And wouldn’t you expect that a car rental company would only rent vehicles that had been fixed following safety recalls? Well, if that’s the case, perhaps you need to lower your expectations. Because currently, car rental companies have no obligation […]

Wooden gavel

Judicial Impartiality Threatened in Illinois

In February 2010, Illinois Supreme Court Justice Thomas Kilbride voted, along with 3 other justices, to overturn an Illinois law that placed monetary caps on damages awarded in Illinois medical malpractice cases. Medical malpractice caps had been struck down in two prior Illinois Supreme Court decisions, as well. Justice Kilbride is up for reelection this […]

law book and gavel

Illinois Court Holds Private Landowner Is Not Liable for Plaintiff’s Injuries

In Gilmore v. Powers, No. 1-09-1478, the First District Appellate Court of Illinois, Sixth Division, addressed the issue of whether a private landowner owner or the City of Evanston was liable for maintenance of a walkway that straddled the city-owned parkway in front of the defendants’ house. In this case, the plaintiff was the co-owner […]