Showing all results for category “negligence”

No Coverage for Sex Misconduct Despite Negligence Allegations

By Don R. Sampen, published, Chicago Daily Law Bulletin, July 11, 2023

The 4th District Appellate Court, over a dissent, recently held that a professional liability insurer had no duty to defend a physician and his employer for sexual assault,

Google Maps Lead Appellate Court to Reversal

By Eli B. Vine and Kathleen M. Klein

The Illinois Appellate Court has weighed in again on forum non conveniens, in a useful decision it has now decided to publish,

Split New York Court of Appeals Re-affirms Applicability of Primary Assumption of Risk Doctrine to Sporting Activities

By Paul V. Esposito

Despite the 1975 enactment of the comparative negligence statute, the primary assumption of risk doctrine still applies to athletic and recreative activities. Grady v. Chenango Valley Cent. Sch.

California Court of Appeal Permits Virtually Present Mother to Attempt to Allege an Emotional Distress Claim

By Paul V. Esposito

A mother who heard the sounds of a vehicle crash while talking to her daughter on a cell phone may attempt to proceed with an emotional distress claim. Downey v.

New York Court of Appeals Extends Immunity to Fire Districts for Ordinary Negligence of Volunteer Firefighters

By Paul V. Esposito

In a split decision, New York’s highest court has shielded fire districts from liability for the ordinary negligence of volunteer firefighters involved in emergencies. Anderson v. Commack Fire Dist.

Fright Night: Recovering Emotional Distress Damages Absent Accompanying Physical Consequences

By Paul V. Esposito

There’s a famous phrase about “things that go bump in the night.” It’s part of an old Scottish or Cornish prayer seeking protection from “ghoulies and ghoosties and long-legged beasties” roaming a house.

Bland v. Q-West, Inc. 2023 Ill. App. 2d 210683 —A “Stand Out” Decision By The Illinois Appellate Court, Second District.

By Melinda S. Kollross

The recent decision in Bland would be noteworthy just for the fact that an Illinois Appellate Court reversed a plaintiff’s personal injury verdict of $51 million and remanded the case back for a new trial.

Speed Kills: Potential Product Liability When Social Media Apps Contribute To Accidents

By Paul V. Esposito

But for the grace of God, many of us might already be dead. Those teenage and early adult years were tons of fun. They left plenty of time for doing crazy things.

CM Report of Recent Decisions – 2022 Volume 4

Cover: Holiday Lights in Chicago, IL

SIDEBAR – United States Supreme Court Set To Decide “Game Changing” Case On General Personal Jurisdiction Over A Foreign Corporation

We wish to alert our friends in the defense and insurance industries of a case that will soon be decided by the United States Supreme Court.

Out of Bounds: The Lower Standard of Supervisory Liability for Sporting Events

By Paul V. Esposito

Times have changed. Back in the day, high school sports were generally limited to four: football, basketball, league baseball, and track. Not so today. Students also can play soccer,