Illinois Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of Illinois or Court of Appeals of Illinois where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Lopez v. Clifford Law Offices - 12/16/2005
December 12, 2005 This is an appeal from a dismissal of a legal malpractice action. After Elizabeth Lopez, the daughter of plaintiff Jose Lopez, drowned in a pool that was allegedly maintained by the Rockford School District,...

Price v. Philip Morris - 12/15/2005
Docket No. 96236-Agenda 10-November 2004. After a bench trial in the circuit court of Madison County, the court found defendant, Philip Morris USA, Inc. (PMUSA) (formerly known as Philip Morris, Inc.), liable for fraud in...

Brax v. Kennedy - 12/6/2005
On March 17, 1997, the plaintiff, Terri Brax, as the mother and next friend of minor Jonathon Brax (Jonathon), filed a complaint against the defendants, Michael Kennedy, M.D. (Dr. Kennedy), and Surgical Specialists, Ltd. The...

Villalobos v. Cicero School District 99 - 12/5/2005
On April 7, 2001, Antonio Villalobos (Antonio), individually and as next friend and father of Hilda Villalobos (Hilda), filed a complaint against defendants Cicero School District 99 (Cicero School District) and Gloria Knowles, to...

Nicor - 11/29/2005
The $10 million question in this case is whether mercury spills during 17 years of insurance coverage were a single occurrence or separate occurrences. Nicor, Inc., and Northern Illinois Gas Co., d/b/a Nicor Gas Co. (Nicor),...

Gridley v. State Farm Mutual Automobile Insurance Co. - 11/17/2005
Docket No. 94144-Agenda 13-January 2003. Plaintiff, Christopher Gridley, filed a class action complaint in the circuit court of Madison County on behalf of himself and a proposed nationwide class against defendant, State Farm...

Buffa v. Haideri - 11/16/2005
In these consolidated appeals, plaintiff, Cynthia Buffa, as special administrator of the estate of Gregory Buffa, appeals from an order of the circuit court of Du Page County entering summary judgment for the defendant Illinois State...

Meritt v. Goldenberg - 11/4/2005
The plaintiffs, David Wayne Merritt, Sr., individually and in his capacity as the special administrator of the estate of David Wayne Merritt, Jr., and Tiffany Merritt, filed this action against the defendants, Hopkins Goldenberg,...

Fosse v. Pensabene - 11/1/2005
This matter comes before the court as an interlocutory appeal brought pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). Plaintiff, Linda Fosse, as executor of the estate of Robert Pace, deceased, appeals the trial court's...

Illinois Farmers Insurance Co. v. Marchwiany - 10/28/2005
In a declaratory action dispute over the limits of underinsured motorist (UIM) coverage, defendants Urszula Marchwiany, individually and as administrator of the estate of Boguslaw Marchwiany, Mirsoslaw Boguslaw Marchwiany, and...

Mack v. Royal Caribbean Cruises - 10/20/2005
Plaintiffs James and Sheila Mack brought suit against defendant Royal Caribbean Cruise Lines, Ltd., alleging that James cut his foot in the swimming pool area of a cruise ship owned and operated by defendant. Plaintiffs alleged that...

Bowman v. American River Transportation Co. - 10/20/2005
Docket No. 99094-Agenda 15-May 2005. Plaintiff filed suit against defendants in St. Clair County for injuries suffered while working as a seaman aboard a harbor boat. He claimed negligence under the Jones Act (46 U.S.C. app....

Corral v. Mervis Industries - 10/20/2005
Docket No. 99698-Agenda 24-May 2005. In this appeal we address: (1) the proper standard of review for the grant or denial of a motion to transfer on the ground of improper venue; and (2) whether the circuit court of Cook County...

Kennedy v. Grimsley - 10/10/2005
This court granted defendants' application for leave to appeal under Supreme Court Rule 308 (155 Ill. 2d R. 308) to consider whether plaintiff's claim for punitive damages for alleged fraud in inducing an attorney-client relationship...

Redmond v. Socha - 10/6/2005
Docket No. 99625-Agenda 23-May 2005. On July 4, 2001, near the corner of Ogden Avenue and California in Chicago, the car driven by defendant/cross-plaintiff Socha collided with the rear of a motorcycle driven by...

Ferro v. Griffiths - 10/5/2005
Plaintiff Gregory Ferro sued defendant Lorraine Griffiths for injuries he sustained when the vehicle driven by Griffiths struck the rear bumper of the van in which Ferro was a passenger. The jury returned a verdict in favor of...

MacDonald v. Hinton - 9/30/2005
Plaintiff Tammy MacDonald appeals from the order of the circuit court of Cook County granting defendant William Hinton's motion to dismiss her complaint for failure to state a claim pursuant to section 2-615 of the Code of Civil...

Mydlach v. DaimlerChrysler Corp. - 9/30/2005
Plaintiff Lucy Mydlach brought this action against defendant DaimlerChrysler Corporation under the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act (Act or Magnuson-Moss Act) (15 U.S.C. § 2301 et seq. (2000)) after...

Forsythe v. Clark USA - 9/29/2005
Plaintiffs Marguerite Forsythe, individually and as special administrator to the estate of her late husband, Michael F. Forsythe, and Elizabeth M. Szabala, special administrator of the estate of Gary Szabala, appeal from the judgment...

TM Ryan Co. v. 5350 South Shore - 9/27/2005
South Shore, L.L.C. (South Shore), received $115,000 from its liability insurer to pay the costs of its underlying litigation. The law firm representing South Shore says it owns an attorney's lien on $73,380 of the funds. The trial...

Martusciello v. JDS Homes - 9/26/2005
Plaintiffs, Frank and Lisa Martusciello, appeal the dismissal of their architectural malpractice action against defendants, Larson Kramer and Associates, Ltd. (LKA), and Peter S. Kramer. The thrust of plaintiffs' case is that the...

Nelson v. Upadhyaya - 9/23/2005
Anthony Nelson suffered brain damage due to meningitis shortly after his birth in 1990. He and his mother sued his mother's obstetrician and his pediatrician for medical malpractice, alleging that the obstetrician should have treated...

Barragan v. Casco Design Corp. - 9/22/2005
Docket No. 99261-Agenda 18-May 2005. Plaintiffs, Jesus Barragan and Veronica Barragan, filed suit in the circuit court of Cook County against defendants, Osman Construction Corporation (Osman) and Casco Design Corporation...

Northern Illinois Emergency Physicians v. Landau - 9/22/2005
Docket Nos. 97895, 97899 cons.-Agenda 8-May 2005. Plaintiff, Northern Illinois Emergency Physicians (NIEP), brought an action in the circuit court of Cook County against the law firms of Landau, Omahana & Kopka, Ltd., and...

Foley v. Fletcher - 9/19/2005
This is an appeal from a jury's general verdict in a medical malpractice action in favor of plaintiffs, Daniel and Kathryn Foley (Mr. and Mrs. Foley) and their seven-year-old daughter Hannah, and against defendants, Peggy Fletcher,...

Muellman-Cohen v. Brak - 9/19/2005
Plaintiff, Lisa K. Muellman-Cohen, brings this interlocutory appeal from the trial court order disqualifying her attorney, Felipe N. Gomez. We vacate the trial court's order and remand with directions. Plaintiff filed a...

Kawaguchi v. Gainer - 9/16/2005
On a spring morning in April 2002, State Trooper Erin Gainer raced to respond to a report of a traffic accident at the intersection of Interstate 88 and York Road. Cars yielded as Trooper Gainer drove onto the interstate. Except one....

Polites v. U.S. Bank National Association - 9/13/2005
The plaintiff Harry Polites appeals the dismissal of his personal injury action against U.S. Bank National Association. The trial court dismissed U.S. Bank because Polites failed to name it as a defendant within two years of his...

Lulay v. Parvin - 8/25/2005
Plaintiff, Kristina Lulay, filed a complaint against defendants, Randy Parvin and Walters Brothers Harley-Davidson, Inc. (Walters Brothers), seeking damages for injuries received in a motorcycle accident. The trial court granted...

Clark v. Cannon Steel Erection Co. - 8/24/2005
Defendant, Cannon Steel Erection Company, appeals from an order of the circuit court of Cook County which granted the motion of the plaintiff, the Director of the Illinois Department of Insurance, as liquidator of Back of the Yards...

Steadfast Insurance Co. v. Caremark Rx - 8/17/2005
In this declaratory judgment action, the plaintiff, Steadfast Insurance Company ("Steadfast"), appeals from a circuit court order entering summary judgment in favor of the defendants, Caremark Rx, Inc. ("Caremark Rx") and Caremark,...

Tomczak v. Ingalls Memorial Hospital - 8/17/2005
The plaintiffs, Michael and Eleanor Tomczak, as special administrators of the estate of their deceased daughter, Victoria Tomczak, filed the instant wrongful death and survival action against Ingalls Memorial Hospital (Ingalls),...

Doe v. Big Brothers Big Sisters of America - 8/16/2005
Plaintiff Jane Doe, as mother and next friend of John Doe, a minor, appeals from an order of the circuit court granting summary judgment in favor of defendant Big Brothers Big Sisters of America (America) on the basis that America...

Mazoglu v. Lake Forest Hospital - 8/5/2005
Plaintiff, Erol Yorulmazoglu, appeals from the dismissal by the circuit court of Cook County, pursuant to section 2-619(a)(4) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(4)(West 2002)), of his petition seeking to vacate an...

DeLuna v. Burciaga - 8/5/2005
Plaintiffs Sonia DeLuna, Susanna DeLuna, Griselda DeLuna and Oscar DeLuna appeal the order of the circuit court dismissing their legal malpractice claim against defendant Eloy Burciaga because the complaint was filed after the repose...

Osman v. Ford Motor Co. - 8/2/2005
Plaintiff, Nancy Osman, independent administratrix of the estate of Shannon A. Laughlin, deceased, appeals from the June 15, 2004, order of the circuit court of Livingston County granting summary judgment to defendant, Ford Motor...

Williams v. American Country Insurance Co. - 7/29/2005
Defendant American Country Insurance Company (American Country) appeals from orders of the circuit court of Cook County granting summary judgment in favor of plaintiff Herman Davila and defendant Thomas Williams, and granting...

Krklus v. Stanley - 7/28/2005
Plaintiff Biljana Krklus (plaintiff), as the administrator of the estate of her late husband Frank Krklus (Krklus), brought a medical malpractice action against defendants Dr. Robert Stanley and Rush Prudential Health Plans,...

Arthur v. Catour - 7/21/2005
Docket Nos. 97920, 97946 cons.-Agenda 17-November 2004. We are presented with the following certified question: "Whether the Plaintiff who was charged $19,355.25 in medical bills for medical services related to her...

Beauchamp v. Zimmerman - 7/21/2005
MODIFIED Defendant, Robert Zimmerman, M.D., appeals from the order of the circuit court of Cook County granting the petition for relief from judgment filed by plaintiff, Eugene Beauchamp, pursuant to section 2- 1401 of the Code...

Healy v. Owens-Illinois - 7/15/2005
This appeal arises from the circuit court's entry of summary judgment in favor of defendant corporations Owens-Illinois, Inc., Commonwealth Edison Company, Union Carbide Corporation and Union Carbide Polyolefins Development Company,...

Manus v. Trans States Airlines - 7/1/2005
Justices: Honorable Clyde L. Kuehn, J., Honorable Terrence J. Hopkins, J. Concurs, Honorable Richard P. Goldenhersh, J. Specially Concurs. The plaintiff, Kathy Manus, filed suit against the defendant, Trans States Airlines,...

Beauchamp v. Zimmerman - 6/30/2005
Defendant, Robert Zimmerman, M.D., appeals from the order of the circuit court of Cook County granting the petition for relief from judgment filed by plaintiff, Eugene Beauchamp, pursuant to section 2- 1401 of the Code of Civil...

Greaney v. Industrial Commission - 6/29/2005
The claimant, William Greaney, appeals and Michel Masonry Co. (Michel) cross-appeals from various orders of the circuit court of Cook County entered on judicial review of decisions of the Industrial Commission (Commission) awarding...

Spurgeon v. Mruz - 6/28/2005
Following a jury trial of the plaintiffs' medical malpractice action, the jury found in favor of defendant Richard Mruz, M.D. The plaintiffs appeal the trial court's denial of their motion to bar the defendant's expert witness from...

Lange v. Fisher Real Estate Development Corp. - 6/25/2005
Plaintiff, Richard Lange, appeals from the trial court's grant of summary judgment in favor of defendants Fisher Real Estate Development Corporation (Fisher) and Midwest Carpentry, Inc. (Midwest) (collectively defendants). We affirm....

Standard Mutual Insurance Co. v. Mudron - 6/21/2005
Plaintiff Standard Mutual Insurance Company filed a complaint for declaratory judgment seeking a determination that it had no duty to defend defendant Patrick Mudron. Mudron had been sued by defendant Brown & Brown, Inc....

Carney v. Paul Revere Life Insurance Co. - 6/21/2005
The defendant insurer, The Paul Revere Life Insurance Company (Paul Revere), paid benefits to the plaintiff, Andrew L. Carney, M.D., under a disability insurance policy, after Dr. Carney filed a claim stating that he was disabled by...

Palen v. Daewoo Motor Co. - 6/14/2005
Plaintiff Betty Palen, as independent executor of the estate of David Palen, deceased, appeals from an order of the circuit court (1) granting defendants Daewoo Motor Company, Ltd. (DMC), Daewoo Corporation (Daewoo Corp.), Daewoo...

Molnar v. Conseco Medical Insurance Co. - 6/9/2005
In both 1981 and 1995, David Molnar had surgery to implant and replace an artificial left hip, necessitated by a childhood injury and severe arthritis. In May 2000, after his original insurer had gone out of business, Molnar...

Peters-Farrell v. Peters-Farrell - 6/3/2005
Docket No. 97898-Agenda 12-January 2005. The following question was certified pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308) from the circuit court of Cook County to our appellate court: "Are requests for...

Adams v. Bath and Body Works - 5/26/2005
MODIFIED UPON REHEARING Plaintiff Steve Adams, both individually and as the special administrator for the estate of his wife, Dixie Adams, filed a three-count complaint against defendants Bath & Body Works, Inc. (BBW),...

Estate of Willis v. Kiferbaum Construction Corp. - 5/26/2005
Third-party plaintiff Kiferbaum Construction Corp. (Kiferbaum) appeals from an order of the trial court finding a settlement agreement between plaintiff Debbie McDaniel and third-party defendant Decking & Steel, Inc. (Decking...

Viking Construction Management - 5/24/2005
Defendant Liberty Mutual Insurance Company (Liberty Mutual) appeals from an order of the circuit court entering summary judgment in favor of Viking Construction Management, Inc. (Viking) in Viking's declaratory judgment action,...

Mercury Indemnity Co. of Illinois v. Kim - 5/23/2005
Susanne Kim, individually and as special administrator of the estate of her late husband, Sam Kim, appeals the grant of summary judgment to Mercury Indemnity Company of Illinois in its declaratory judgment action where it sought a...

R.D. Masonry - 5/19/2005
Docket No. 98990-Agenda 14-March 2005. The main issue presented by this appeal is whether claimant was an "employee entitled to receive disability benefits" within the meaning of section 12 of the Workers' Compensation Act (the...

Gillen v. State Farm Mutual Automobile Insurance Co. - 5/19/2005
Docket No. 98919-Agenda 13-March 2005. In this appeal we examine a setoff provision in an automobile insurance policy issued by State Farm Mutual Automobile Insurance Company. The setoff provision permits State Farm to reduce...

People ex rel Director of Corrections v. Booth - 5/19/2005
Docket No. 99329-Agenda 17-March 2005. The issue in this case in whether section 12-1001(h)(4) of the Code of Civil Procedure (735 ILCS 5/12-1001(h)(4) (West 2002)), which exempts from judgment, attachment or distress for rent...

First National Bank of La Grange v. Glen Oaks Hospital and Medical Center - 5/17/2005
Defendant Glen Oaks Hospital and Medical Center (Glen Oaks) appeals from the denial of its motion for a new trial after a jury verdict in the circuit court of Du Page County finding that Glen Oaks was negligent with respect to the...

Hemphill v. Chicago Transit Authority - 5/12/2005
Plaintiff Ashley Hemphill, a passenger on a Chicago Transit Authority (CTA) train allegedly involved in an accident, appeals from the trial court's order granting summary judgment in favor of defendants CTA and train operator Ben...

Ellis v. AAR Parts Trading Inc. - 5/6/2005
OPINION MODIFIED UPON DENIAL OF REHEARING These consolidated appeals arise out of two lawsuits filed in the trial court on behalf of 113 plaintiffs who were Philippine decedents who died as a result of a plane crash on April...

Metropolitan Property v. Pittington - 4/22/2005
Plaintiff, Metropolitan Property and Casualty Insurance Company, issued a policy of insurance to defendant James Pittington. On May 7, 2000, Pittington shot defendant Pete Harrison, while both were at the Pittington residence. In a...

Progressive Universal Insurance Co. of Illinois v. Liberty Mutual Fire Insurance Co. - 4/21/2005
Docket No. 98329-Agenda 13-January 2005 Ronald Abbinante delivered pizzas for Casale Pizza, Inc. While using his mother's minivan to make a delivery, Abbinante struck and injured a pedestrian. The issue in this case is whether...

King v. First Capital Financial Services Corp. - 4/21/2005
Docket Nos. 97263 & 97761 cons.-Agenda 26-September 2004. In these consolidated appeals from Cook County and Rock Island County, plaintiff mortgagors brought actions against defendant mortgagees alleging that defendants had...

Kostal v. Pinkus Dermatopathology Laboratory - 4/15/2005
Defendants, Pinkus Dermatopathology Laboratory, P.C. (Pinkus), David A. Mehregan, M.D., and Darius R. Mehregan, M.D. (collectively, defendants), appeal from an order of the circuit court of Cook County denying their motion to quash...

Thompson v. Gordon - 4/8/2005
This matter comes before the court as an interlocutory appeal brought pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). Plaintiff, Corinne Thompson, individually and as independent administrator of the estates of Trevor...

Blue v. Environmental Engineering - 4/7/2005
Docket No. 98034-Agenda 20-November 2004. This case presents the questions of whether (1) the risk-utility analysis normally used in strict products liability cases is applicable to defective product design cases involving only...

Allen v. Lin - 3/31/2005
Plaintiff appeals from the final order issued by the circuit court of Cook County following the bench trial of a landlord and tenant dispute. We reverse and remand. On May 21, 2002, plaintiff, Mark Allen, along with three other...

Tinley Park Hotel v. Industrial Commission - 3/30/2005
Claimant, Delores Wheeler, filed an application for adjustment of claim against the employer, Tinley Park Hotel and Convention Center, d/b/a Holiday Inn, under the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2000))....

Chicago Messenger Service v. Industrial Commission - 3/30/2005
Abdelhafidh Chichti filed a workers' compensation claim against his employer, Chicago Messenger Service (CMS), claiming that on September 11, 2001, he sustained a compensable accident under the Workers' Compensation Act (the Act)...

Sutherland v. Norfolk Southern Railway Co. - 3/28/2005
Plaintiff Joseph M. Sutherland filed a three-count complaint against his former employer, Norfolk Southern Railway Company (Norfolk Southern). Counts I and II sought relief under the Federal Employers' Liability Act (FELA) (45 U.S.C....

Borrowman v. Prastein - 3/28/2005
Plaintiff, Charles David Borrowman, and intervenor, Watertower Paint & Repair Company, respectively appeal the trial court's order awarding Watertower a lien pursuant to section 5(b) of the Workers' Compensation Act (Act) (820...

Tzakis v. Dominick's Finer Foods - 3/24/2005
This appeal stems from a negligence action relating to injuries sustained in a slip and fall involving ice and snow in the parking lot of a grocery store. Following the granting of a motion for summary judgment in favor of Dominick's...

Moss v. Amira - 3/24/2005
This case arises from a traffic accident that occurred between the plaintiff, Richard Moss, and the defendant, Jennifer Amira. Following trial, a jury verdict was returned in favor of Moss in the amount of $12,929.50 and a judgment...

Cianci v. Safeco Insurance Co. of Illinois - 3/17/2005
Defendant Brouwer Brothers Steamatic, Inc. (Brouwer Brothers), appeals from two orders entered by the circuit court of Cook County, one granting a motion filed by plaintiffs, Perry and Mary Cianci and their children, Danielle and...

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