New Trial Ruling From IL Appellate Court in Ready II on Remand From IL Supreme Court
July 1, 2009
The Clausen Miller Appellate Practice team of Edward Kay and Paul Esposito was involved in what many legal commentators in Illinois describe as the single most important decision of the Illinois Supreme Court--Ready v. United/Goedecke Services. After the Supreme Court ruled, Messrs. Kay and Esposito prepared a petition for rehearing pointing out to the Court that defendant was still entitled to a new trial because of the trial court's refusal to allow defendant to present a sole proximate cause defense. The Supreme Court remanded the case to the Appellate Court to decide this issue.
Clausen Miller is pleased to report that on June 30, 2009, the Appellate Court issued a unanimous opinion reversing the trial court's judgment and remanding for a new trial. The Appellate Court, in an opinion authored by Justice Karnezis, ruled that the trial court abused its discretion by denying our sole proximate cause defense and the error was not harmless, agreeing with the CM Appellate team that "had the jury heard the 'whole story', its verdict may have been different."
The decision of the Court in Ready II is significant because it affirms that if you have a sole proximate cause defense to make, it cannot be taken from you by court action.
For more information email Edward Kay at ekay@clausen.com
