An Illinois Uninsured Motorist policy has been interpretted by the Appellate Court as providing coverage to a child living with his mother and her fiancee under the fiancee’s insurance policy in an opinion released July 25, 2008. Clayton v. Millers First Insurance Co., 2008 WL 2926874 (5-07-0061). The minor plaintiff…
Illinois children who are sexually or physically abused on school buses operated by school districts are now afforded the same legal protections that apply to passengers on common carriers. In Green v. Carlinville School District, 381 Ill. App. 3d 207, 887 N.E. 2d 451 (2008), the trial court granted the…
Illinois attorneys handling Underinsured Motorist Claims should be aware that there are setoffs that the insurance companies are claiming that need to be challenged. In a typical situation, plaintiff sustains serious injuries caused by the negligence of another driver. Plaintiff settles her claim for the policy limits of $100,000 from…
Tires older than 6 years old should not be used on motor vehicles since it can lead to tread separation and catastrophic failure. Since 2001 the British Rubber Manufactures Association (BRMA) have recommended: “BRMA members strongly recommend that unused tyres should not be put into service if they are over…
Illinois childhood sexual abuse victims were given a chance to bring their claims for injuries by an opinion by the Illinois Appellate Court, Fifth District that was released March 7, 2008, Doe v. Diocese of Dallas, 379 Ill. App. 3d 782, 885 N.E. 2d 376. Essentially the court held that…
An Illinois wrongful death lawsuit was filed recently for the deaths of a husband and wife who died March 7, 2007, in Will County. Unfortunately the heirs did not contact me until last month. They had retained a previous attorney shortly after the accident. For reasons that are unclear no…
A products liability suit in a rollover accident was not preempted by federal regulations according to a recent decision by the Fifth Circuit Court of Appeals. This decision rejects a common defense used by manufacturers in defending product liability claims brought by injured consumers claiming injuries from defective products. Plaintiff…
Illinois medical malpractice lawyers who represent victims and their clients were pleased with the ruling last week by Cook County Circuit Court Judge Joan Diane Larsen that caps on non-economic damages in medical malpractice cases violates the Illinois Constitution. Under the law (Public Act 94-667), plaintiffs could be awarded no…
An Illinois wrongful death lawsuit that I filed on behalf of the family of a 17 year old boy who died in a crash while riding his motorcycle recently came to a successful conclusion. On July 26, 2004, the decedent’s best friend drove his 1995 Honda CBR 600 F3, which…
Illinois Wrongful Death Act now allows jurors to award damages for “grief, sorrow, and mental suffering.” The law in Illinois since 1867 has been that in wrongful death actions, there is “no recovery for bereavement” and “nothing can be given as solatium.” Chicago & A.R. Co. v. Shannon, 43 Ill.…