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. […]

Over the last month we discussed two different Illinois personal injury cases addressing the liability of parties who provided alcohol to someone who then left the premises and caused a deadly automobile accident. This is an issue that is becoming more frequently litigated, in part because of the tragic consequences–which are especially apparent when the […]

A former employee of a popcorn plant was recently awarded the largest verdict of this type by a Chicago jury. The plaintiff, Gerardo Solis, had been a worker in a Chicago popcorn plant owned by Flavorchem Corp for 8 years from 1998-2006. In 2006 he was diagnosed with Popcorn Lung (also known as Bronchiolitis obliterans). […]

The Appellate Court of Illinois, First District, recently addressed the issue of the proper scope of a subpeona duces tecum issued by the Workers’ Compensation Commission. In Holtkamp Trucking Company v. Fletcher, M.D., one of the issues before the court was was whether the Illinois Workers’ Compensation had the authority to issue a subpoena duces […]

In July, as explained in this Business Week article, Massachusetts highest court overturned a long standing rule that absolved property owner’s from liability for failing to remove snow accumulation on their property. As explained in Papadopoulos v. Target, SJC-10529, the overruled holding was referred to as the “Massachusetts rule”, and stood for the proposition that […]

Two former Chicago Bears players have received sizable workers’ compensation awards from the Illinois Workers’ Compensation Board. First, former All-Pro safety Mike Brown sought compensation after suffering from foot and leg injuries sustained while playing the Chicago Bears. As detailed in this BusinessInsurance.com article, Brown, who is now with the Kansas City Chiefs, was awarded […]

In Anderson v. Zamir, No. 5-08-0542, the Appellate Court of Illinois, Fifth District, took the unusual step of reversing a jury verdict and remanding the case to the trial court for a new trial on the issue of damages. In Anderson, the plaintiff was injured in a car accident with the defendant, in which the […]

The Appellate Court of Illinois, First District, recently addressed the issue of whether a release signed by a plaintiff before she embarked on a paid tour of Chicago precluded her from bringing a personal injury lawsuit based on injuries that she sustained during the tour. The facts in the case, Hamer v. City Segway Tours […]

Tannehill v. Costello, No. 1-09-0868, addressed this unusual issue. In it, the Appellate Court, First District of Illinois considered whether the defendant owed her neighbor a duty of care under the rescue doctrine. The facts in Tannehill are simple. The defendant was at home, recovering from surgery, when she experienced pain that concerned her. She […]

There’s an interesting lawsuit pending in Florida that addresses just this issue. The lawsuit, Janowski v. Publix, may not be permitted to go forward based upon a Florida statute enacted in 2003, which effectively prevents any lawsuit by injured workers against their employers. However, the plaintiff’s attorney contends that the 2003 statute is unconstitutional to […]