Appellate Cases

AUTO APPEALS

Snow v. Farwick

121 Ill.App.2d 40, 257 N.E.2d 155

Ill.App. 1970.

Action by automobile passenger for injuries sustained in automobile-truck collision. The Circuit Court, Cook County, Donald S. McKinlay, P.J., entered judgment for truck driver and passenger appealed. The Appellate Court, Lyons, J., held that special interrogatory whether truck driver was ‘guilty of negligence which was the proximate cause of the plaintiff’s alleged injuries’ properly required findings on elements of negligence, causation and injury which were necessary to passenger’s case and was not confusing or ambiguous by reason of asking jury three questions but that jury’s negative answer to interrogatory was against manifest weight of evidence that truck had emerged from driveway from easterly direction onto street on which automobile was traveling short distance south of controlled intersection and struck automobile as automobile driver had started forward in northerly direction after traffic light at intersection had changed.

A jury verdict against the Plaintiff was REVERSED ON APPEAL and a new trial was granted for injuries sustained in an automobile-truck crash. The jury’s verdict ignored THE MANIFEST WEIGHT OF THE EVIDENCE.

Davis v. Yellow Cab Co.

133 Ill.App.2d 190, 273 N.E.2d 35

Ill.App. 1971

Action for personal injuries sustained in rear-end automobile collision. The Circuit Court, Cook County, Richard F. Scholz, Jr., J., entered judgment for special and general damages but denied plaintiff’s claim for loss of earnings, and plaintiff appealed. The Appellate Court, Goldberg, J., held that plaintiff who worked as cook, waitress and domestic prior to rear-end automobile collision in which she sustained traumatically-induced degeneration of a lumbar disc and who, according to unimpeached and uncontradicted opinions of medical experts, was unable to carry on rence in 1964 up to and including 1967 was entitled to partial new trial for assessment of damages for loss of earnings during period from 1964 to 1967, inclusive.

A Judge’s verdict against the Plaintiff was REVERSED ON APPEAL as against the weight of evidence of her medical injuries and a new trial was ordered on injuries alone.

MEDICAL MALPRACTICE APPEALS

Jones v. O’Young

154 Ill.2d 39, 607 N.E.2d 224

Ill., 1992

Patient brought medical malpractice action against hospital and physician, claiming that defendants’ negligence led to amputation of patient’s leg. The Circuit Court, Cook County, Daniel White, J., granted defendants’ motion to bar plaintiff’s expert testimony regarding standard of care, but certified question of law. The Appellate Court denied plaintiff’s application for leave to appeal. Granting plaintiff’s petition for leave to appeal, the Supreme Court, Clark, J., held that, in order to testify concerning standard of care required of and deviations from standard of care by defendant physician specializing in area of medicine, plaintiff’s expert need not also specialize in same area of medicine.

The Illinois Supreme Court held that the trial court was wrong in preventing the Plaintiff’s infectious disease expert from testifying against defendants internist, orthopedic doctor and plastic surgeon in the care and treatment of a patient in need of antibiotics. Case was REVERSED and REMANDED for a trial on the failure to give correct antibiotics to prevent a bone infection and resulting amputation of a leg.

Lind v. Zekman

77 Ill.App.3d 432, 395 N.E.2d 964

Ill.App. 1 Dist., 1979

Patient brought malpractice action against her physician alleging negligent surgical technique during 1969 lens extraction procedure. The Circuit Court, Cook County, David A. Canel, J., granted the physician’s motion for summary judgment on his affirmative defense that the action was barred by the statute of limitations, and the patient appealed. The Appellate Court, Campbell, J., held that fact issue existed as to when the patient should have known of cause of her condition precluding summary judgment.

The Illinois Appellate Court REVERSED and REMANDED the trial court’s determination that the Plaintiff’s suit against an ophthalmologist was time barred by the statute of limitations. The Plaintiff’s loss of vision claim was allowed to go to trial.

Snook v. Lake Forest Hosp.

133 Ill.App.3d 998, 479 N.E.2d 994

Ill.App. 1 Dist., 1985

In medical malpractice action brought by mother on behalf of her son, the Circuit Court, Cook County, Philip A. Fleischman, J., denied motion to dismiss by defendant physicians based upon doctrine of forum non conveniens, and defendants appealed. The Appellate Court, Campbell, J., held that distance between adjacent counties of Lake County and Cook County was not so great as to warrant dismissal of malpractice action brought in Cook County on ground of forum non conveniens, where defendant physicians, two of whom practiced in Lake County, failed to allege any specific facts as to inconveniences or hardships, and where plaintiff and his mother both resided in Cook County. Affirmed and remanded. Our firm successfully handled the appeal.

Watson v. St. Annes Hospital

68 Ill.App.3d 1048, 386 N.E.2d 885

Ill.App. 1 Dist., 1979

Four medical malpractice actions were brought against certain medical doctors and a nurse employed by Board of Trustees of University of Illinois. The Circuit Court of Cook County, David A. Canel, J., entered orders dismissing complaints as to individual defendants in consolidated cases, and plaintiffs appealed. The Appellate Court, Hartman, J., held that: (1) State was not real party against whom recovery was sought in plaintiffs’ medical malpractice actions, and thus actions were not actions against the State such as would be required to be filed in Court of Claims, and (2) defendant doctors and nurse were engaged in same endeavors and functions as those performed by their counterparts in private practice at time events in question took place, and thus those defendants could not avail themselves of public officials’ immunity.

The Illinois Supreme Court refused to hear the State of Illinois’ appeal that the Plaintiff’s wrongful death case belonged in the Illinois Court of Claims. The Illinois Appellate Court’s reversal of the lower court’s decision was upheld. The Plaintiff was entitled to sue the doctors and nurses of the University of Illinois Hospital in the Circuit Court of Cook County because they were not entitled to public officials immunity. In the circuit court there was no limit to the amount of damages for wrongful death, WHEREAS, in the Illinois Court of Claims the limit was $100,000. We handled the appeals.

Johnson v. St. Bernard Hospital

79 Ill.App.3d 709, 399 N.E.2d 198

Ill.App 1979

Action for wrongful death and survival brought by the widow after her husband died from complications related to a broken hip caused by an auto crash. The hospital administrator refused to order a staff orthopedic doctor to treat patient or send patient to a hospital where the injury would have been treated. He was in the hospital for a month untreated by an orthopedic surgeon. Circuit Court of Cook County granted summary judgment in favor of defendants, plaintiff appealed. Appellate Court, Judge Lynn, found that defendant hospital had a duty of protection owed to the patient and that the hospital must exercise a degree of reasonable care towards the patient as his known condition requires.

Settled for a confidential amount.

FIREFIGHTER INJURY APPEAL

Randich v. Pirtano Construction Inc, et al.

346 Ill. App. 3rd 414

2003

Firefighter/EMT successfully reversed trial court’s decision to dismiss his case under FIREMENS RULE to allow claim for willful and wanton misconduct against defendants. EMT injured due to explosion from gas leak caused for cable company drilling team. EMT was trying to warn the neighbors for leak and to have them leave the area when injured due to explosion. Case returned to trial court where it was later settled for nearly $300,000.