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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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Carroll v. Faust - 2/25/2000
Honorable Galyn W. Moehring, Judge, Presiding. JUSTICE GALASSO delivered the opinion of the court: The plaintiff, Robert Carroll, appeals from orders of the circuit court of Winnebago County dismissing his third and fourth...

United States Fire Insurance Company v. Hartford Insurance Company - 2/23/2000
Appeal from the Circuit Court of Cook County. Honorable Michael B. Getty, Judge Presiding. JUSTICE WOLFSON delivered the opinion of the court: The issue in this case is simple -- whether a party is an insured under...

Mikus v. Norfolk and Western Railway Company - 2/22/2000
Appeal from the Circuit Court of Cook County Honorable John V. Virgilio, Judge Presiding. Plaintiff, Ronald Mikus, brought this suit against his employer, defendant Norfolk and Western Railway Company, seeking damages under...

Voyles v. Sandia Mortgage Corp. - 2/16/2000
Following a bench trial in which plaintiff, Graceia M. Voyles, was awarded damages totaling $10,000, plaintiff appeals the judgment of the circuit court of Du Page County. Defendant, Sandia Mortgage Corporation, cross-appeals. ...

Kirkham v. Will - 2/16/2000
The plaintiff, Mary Kirkham, filed a complaint on November 7, 1996, against the defendants, Ron and Jody Will. Specifically, plaintiff claimed that on May 3, 1995, she was attacked and bitten by defendants' dog while she was lawfully...

Nosbaum v. Martini - 2/15/2000
Appeal from the Circuit Court of Cook County. Honorable Susan Fleming, Judge Presiding. Plaintiff Jesse Nosbaum, a minor, appeals from the circuit court's granting of defendants' motions to dismiss her complaint. In that...

Gore v. Martino - 2/10/2000
This is a personal injury action brought by plaintiffs Floyd and Angela Gore and by Angela Gore as mother and next friend of the minors Quintin Gore, Melanie Gore and Floyd Gore, Jr., against defendants Anthony and Michael Martino....

Rosenberg v. Zurich American Insurance Company - 2/8/2000
Appeal from the Circuit Court of Cook County Honorable Lester Foreman Judge Presiding. In October 1996, Pasquale Santaniello, while a pedestrian, was struck by an automobile driven by an uninsured motorist and died...

Butkiewicz v. Loyola University Medical Center - 2/7/2000
Appeal from the Circuit Court of Cook County Honorable Michael J. Hogan, Judge Presiding. Plaintiff Ronald R. Butkiewicz (plaintiff), as special administrator of the estate of Robert Butkiewicz (Mr. Butkiewicz), deceased, filed a...

Reed v. Witvoet - 2/1/2000
The plaintiff in this wrongful death action, Elaine Reed, appeals the Kankakee County circuit court's grant of defendant James Witvoet, Sr.'s motion for summary judgment. We must decide whether the circuit court erred when it concluded...

Hanumadass v. Coffield - 12/28/1999
Plaintiff, Marella Hanumadass, a physician formerly employed by Cook County Hospital, filed a legal malpractice action in the circuit court of Cook County against defendant, Coffield, Ungaretti & Harris, a law firm employed by the...

Retzler v. Pratt and Whitney Co. - 12/23/1999
Appeal from the Circuit Court of Cook County Honorable Joseph N. Casciato, and James S. Quinlan, Jr. Judges Presiding. Plaintiff, Karen Retzler, appeals from three orders of the circuit court disposing of her lawsuit. First, the...

Rodisch v. Commacho-Esparza - 12/23/1999
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS Plaintiff, Ursula Rodisch, appeals from a judgment entered upon a jury verdict in favor of defendants, Maribel Commacho-Esparza and Juan Esparza. Plaintiff contends, among other...

Brady v. McNamara - 12/22/1999
Plaintiff, Veronica Brady, as administrator of the estate of Paul B. Brady, deceased, appeals after the entry of a jury verdict in favor of defendant Thomas McNamara, M.D. This medical malpractice action was brought to recover damages...

In re Marriage of Bothe - 12/22/1999
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS Respondent, Gene H. Bothe, appeals from the trial court's order denying his petition to terminate maintenance to petitioner, Norma E. Bothe. We affirm in part, reverse in part, and...

Pearson v. Stedge - 12/21/1999
Appeal from the Circuit Court of Cook County Honorable John G. Laurie, Judge Presiding. Plaintiff Samuel Pearson brought suit against defendant Tanya Stedge, seeking compensation relating to an automobile accident in which...

Lincoln Logan Mutual Insurance Co. v. Fornshell - 12/20/1999
In November 1990, Ronald Sturgeon became involved in an altercation with Arthur Fornshell in the rest room of a local tavern. During the altercation, Sturgeon stabbed Fornshell in the chest and abdomen with a pocketknife. Fornshell...

Sorce v. Naperville Jeep Eagle - 12/17/1999
Plaintiffs, Dr. Angelo Sorce and his wife, Jo-Ann, appeal from partial summary judgment entered in favor of defendants, Naperville Jeep Eagle, Inc. (Jeep Eagle), and AM General Corporation (AM General), on the issues of revocation of...

St. Mary's Hospital v. Health and Personnel Options Corp. - 12/16/1999
A patient filed suit against St. Mary's Hospital (St. Mary's) for medical malpractice because a sponge was left in her abdomen after surgery. Summary judgment was entered against the hospital; the parties then reached a settlement. St....

McKinney v. Allstate Insurance Co. - 12/16/1999
Agenda 38-September 1999. At issue in this appeal is whether a limitation of liability clause in an automobile insurance policy unambiguously limited all claims arising out of a person's death to a single per person limit. The...

Hansen v. Baxter Healthcare Corporation - 12/15/1999
APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE RANDYE A. KOGAN, JUDGE PRESIDING. In the 1880s, in Germany, Otto Luer came up with the idea of a six per cent taper as a way of putting a stopper in a bottle, keeping it...

Stinnes Corp. v. Kerr-McGee Coal - 12/14/1999
PRESIDING JUSTICE GOLDENHERSH delivered the opinion of the court: Stinnes Corporation, third-party plaintiff (Stinnes), appeals from an order of the circuit court of Williamson County dismissing its action for spoliation of...

Henderson v. Roadway Express - 12/9/1999
JUSTICE COOK delivered the opinion of the court: In August 1997, Aaron Henderson settled a personal injury lawsuit against Roadway Express. Pursuant to the settle-ment agreement, Henderson agreed to accept a lump-sum payment of...

McCann v. Presswood - 12/8/1999
JUSTICE McCULLOUGH delivered the opinion of the court: In November 1998, plaintiff, Gordon McCann, filed an amended complaint against defendant, Ted Presswood, d/b/a Ted Presswood Weed Cutting Service, alleging two counts of...

Fricka v. Bauer - 12/7/1999
Appeal from the Circuit Court of Cook County Honorable William Maddux, Judge Presiding. In this case we must decide when the statute of repose period commences for an attorney's allegedly negligent omissions. We hold that the...

Valor Insurance Co. v. Wallace - 12/7/1999
Appeal from the Circuit Court of Cook County Honorable John K. Madden, Judge Presiding. Plaintiff Valor Insurance Company (Valor) brought suit against defendant Annie Wallace (Wallace), administratrix of the estate of Beatrice...

Smith v. Allstate Insurance Company - 12/3/1999
APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE ALBERT GREEN, JUDGE PRESIDING. Plaintiff Larry Smith appeals an order of the circuit court of Cook County granting summary judgment in favor of defendant Allstate...

Eastman v. Messner - 12/2/1999
Agenda 26-September 1999. The question presented in this appeal is whether, pursuant to section 5(b) of the Workers' Compensation Act (820 ILCS 305/5(b) (West 1996)), an employer who has paid workers' compensation benefits to an...

Kopczick v. Hobart Corp. - 11/30/1999
Plaintiff, Richard Kopczick, filed a complaint seeking damages from defendant, Hobart Corporation, for injuries he sustained while using a meat saw manufactured by defendant. Following a jury trial, the trial court entered judgment...

Hubeny v. Chairse - 6/29/1999
JUSTICE HUTCHINSON delivered the opinion of the court: After finding that defendant Janet Chairse (Janet) negligently drove an automobile into plaintiffs' vehicle, the trial court awarded plaintiff Robert Hubeny (Robert) a...

N.C. v. A.W. - 6/25/1999
the opinion of the court: Northern Illinois Medical Center (NIMC) appeals the judgment of the circuit court of McHenry County finding that NIMC could not enforce its lien on the proceeds of a settlement between plaintiff, N.C.,...

Hernandez v. Schittek - 6/24/1999
JUSTICE KUEHN delivered the opinion of the court: Following a jury verdict in favor of Anton Schittek, M.D., in this medical malpractice case, and the trial court's denial of her posttrial motion, Irene Hernandez appeals. We...

Wirtz Realty Corp. v. Freund - 6/23/1999
Appeal from the Circuit Court of Cook County. Honorable Ronald S. Davis, Michael C. Zissman, Judges Presiding. JUSTICE BURKE delivered the opinion of the court: Defendants J. Dennis Freund (Dennis) and C. Geraldine Freund...

Los Amigos Supermarket Inc. v. Metropolitan Bank and Trust Co. - 6/17/1999
Following trial, the jury returned a verdict in favor of third-party plaintiff Ernesto A. Avina (Avina) and against third-party defendant Ray O. Rodriguez (Rodriguez), in Avina's action for fraud. The jury assessed compensatory damages...

Wilson v. Norfolk & Westernrailway Co. - 6/17/1999
-Agenda 8-January 1999 The circuit court of Madison County certified the following question for interlocutory appeal pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308): "Whether plaintiff must plead and offer proof of...

Burgess v. Abex Corp. - 6/17/1999
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS JUSTICE COOK delivered the opinion of the court: In these asbestos cases, the jury found for plaintiffs on a conspiracy theory. Defendants appeal. We affirm. Delbert...

Hills v. Bridgeview Little League Association - 6/14/1999
JUSTICE TULLY delivered the opinion of the court: Plaintiffs, John and Patricia Hills, brought an action against defendants, Bridgeview Little League Association (Bridgeview) and Justice Willow Springs Little League (Justice),...

Kavonius v. Industrial Commission - 6/11/1999
Claimant, Gerald Kavonius, sought benefits pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1994)), for injuries sustained while in the employ of Boise Cascade (Boise). Kavonius was employed as a warehouse...

Lambie v. Schneider - 6/11/1999
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS On March 7, 1987, Chelsey Lambie was born six weeks premature. On March 19, 1987, after Chelsey started to suffer left congestive heart failure, defendant, Dr. Joel Schneider,...

Yamada Corp. v. Yasuda Fire and Marine Insurance Co. - 6/4/1999
Defendants, Yasuda Fire & Marine Insurance Company, Ltd. (Yasuda Fire), and The Yasuda Claims Service, Inc. (Yasuda Claims) (collectively, defendants), appeal from an order of the circuit court of Kane County granting summary...

Henrich v. Libertyville High School - 6/1/1999
Agenda 18-May 1998. Opinion filed December 3, 1998. Sections 24-24 and 34-84a of the School Code (105 ILCS 5/24-24, 34-84a (West 1994)) immunize teachers and certain other educational employees from liability for injuries...

Nelson v. Industrial Commission - 6/1/1999
Industrial Commission Division Appeal from the Circuit Court of Cook County. Honorable Joanne L. Lanigan, Judge Presiding. In February 1992, we held in Village of Winnetka v. Industrial Comm'n, 232 Ill. App. 3d 351...

Parks v. Kownacki - 6/1/1999
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS The following facts are true. In 1955, during President Eisenhower's first term in office and two years before Sputnik was launched, Gina Trimble was born into a devout Roman...

People v. Houser - 5/28/1999
Following a jury trial in May 1997, defendant,Stacey M. Houser, was convicted of armed robbery (720 ILCS 5/18-2 (West 1996)), sentenced to nine years' imprisonment with credit for 47 days served, and ordered to reimburse Champaign...

Peregrine Financial Group Inc. v. Martinez - 5/25/1999
Appeal from the Circuit Court of Cook County. Peregrine Financial Group, Inc. (Peregrine), a commodity brokerage business, filed the instant action against Pedro Martinez, Mariana Martinez, and Robert Gruntz. Count I, against the...

Cameron v. Bogusz - 5/21/1999
Michael J. Murray, Honorable Judge Presiding. Appeal from the Circuit Court of Cook County. Plaintiff Emmett Cameron entered a settlement agreement with his employer, Joslyn Manufacturing Co. (Joslyn), paying Joslyn $60,000...

McNeil v. Brewer - 5/21/1999
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS The plaintiff, inmate William McNeil, filed a complaint against the defendant, Dr. Arthur Brewer, medical director of Stateville Correctional Center, alleging deliberate...

Kulikowski v. Larson - 5/17/1999
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS Defendants, Charles A. Jenkins (Jenkins) and First Midwest Bank of Illinois (First Midwest), appeal from the trial court's denial of their petition to vacate judgment pursuant to...

Anderson v. Department of Mental Health and Developmental Disabilities - 5/14/1999
Plaintiff Jeffrey Anderson, conservator of the estate of Earnest Earl Anderson (Anderson), sued St. Bernard's Hospital and others for injuries Anderson received when he fell from a fourth-story hospital window in 1977. The case was...

Hilgenberg v. Kazan - 5/10/1999
Appeal from the Circuit Court of Cook County Honorable Donald J. O'Brien, Jr., Judge Presiding. This is a professional negligence action brought by John Hilgenberg and his wife, Joyce Hilgenberg (plaintiffs), against Robert...

Baksh v. Human Rights Commission - 5/7/1999
Petition for review of order of HRC This is a direct administrative review action in which a dentist seeks review of an order and decision of the Illinois Human Rights Commission (the Commission). The Commission found that the...

Mayhew v. Industrial Commission - 5/4/1999
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS Claimant, Donald Mayhew, filed a claim pursuant to the Illinois Workers' Occupational Diseases Act (the OD Act) (820 ILCS 310/1 et seq. (West 1992)), seeking compensation for...

Spain v. Owens Corning Fiberglass Corp. - 4/29/1999
Honorable John K. Greanias, Judge Presiding. Plaintiff, Shirley Spain, as administrator of the estate of her husband, Marshal L. Spain (decedent), sued numerous manufacturers of asbestos-containing products, including Owens...

Illinois Founders Insurance Co. v. Barnett - 3/29/1999
JUSTICE O'MARA FROSSARD delivered the opinion of the court: Plaintiff, Illinois Founders Insurance Company, appeals the circuit court's entry of judgment against it in a declaratory action to determine plaintiff's obligations...

Friedman v. Malevitis - 3/26/1999
JUSTICE THEIS delivered the opinion of the court: The issue presented in this appeal is whether a discharged attorney may enforce a contract to split a contingency fee with a newly retained attorney. The circuit court dismissed a...

Cohen v. Salata - 3/25/1999
APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY HONORABLE DAVID R. DONNERSBERGER, JUDGE PRESIDING. The plaintiff, Camille Cohen, appeals from an order of the circuit court dismissing as time barred her dental malpractice action...

Davis v. Toshiba Machine Company - 3/18/1999
Agenda 9-January 1999. Plaintiff, Sandra Davis, filed suit in the circuit court of Cook County to recover on a strict liability theory for an injury she sustained while operating a printing press designed, manufactured, and sold...

Valor Insurance Co. v. Torres - 3/16/1999
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS The plaintiff, Valor Insurance Company (Valor), appeals from the April 13, 1998, order of the circuit court of Lake County entering judgment in favor of the defendants, Robert...

Blakey v. Gilbane Building Corp. - 3/15/1999
Plaintiff, Robert Blakey, was injured October 10, 1989, when he fell while working on a severely pitched roof on the bio-tech laboratory at the University of Illinois. Blakey complained of severe pain in his left arm and a tingling...

Lagestee v. Days Inn Management Co. - 3/15/1999
Appeal from the Circuit Court of Cook County Honorable James S. Quinlan, Jr., Judge Presiding. Plaintiffs David and Jilayne Lagestee filed this negligence action against the defendants, various entities responsible for the...

Campbell v. Wagner - 3/11/1999
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS Plaintiff Linda Campbell appeals from a judgment entered in the circuit court of Champaign County in favor of defendants Rebecca A. Wagner and Carle Clinic Association following a...

Hearn v. American River Transportation Co. - 3/11/1999
Defendant, American River Transportation Company, appeals from a judgment of the circuit court of Madison County, entered after a bench trial, in favor of plaintiff, Robert L. Hearn, in the amount of $388,150. Plaintiff originally...

Hanks v. Luhr Brothers Inc. - 3/9/1999
Any seaman hurt on the job can sue for damages and, at his election, have a jury decide the outcome. 46 U.S.C. ยง688 (1994). When Congress passed the Jones Act, it made trial by jury a matter for the seaman to decide. Congress wanted...

Sepeda v. Labarre - 3/8/1999
Plaintiff Gregory Sepeda appeals from the March 30, 1998, order of the circuit court of Cass County dismissing with prejudice his lawsuit against defendant Alfred B. LaBarre, special administrator of the estate of Kathleen M. Edwards....

Young v. McKiegue - 3/3/1999
Young v. McKiegue, MARGARET YOUNG, as special of Cook administratrix for the estate of HAROLD Appeal from the Circuit Court County. Honorable Paul Alfred, Judge The question presented by this appeal is whether we can...

Lloyd v. County of Du Page - 3/3/1999
IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT Appeal from the Circuit Court of Du Page County. No. 95--L--1548 96--L--1095 Honorable Edward R. Duncan, Jr., Judge, Presiding. Plaintiff, Andrew Lloyd,...

In re Estate of Johnson - 3/2/1999
Appeal from the Circuit Court of Cook County. Honorable Maureen Connors, Judge Presiding. Eric Johnson, the father of Kirsten Johnson, appeals from the trial court's appointment of Vera Howse, Kirsten's maternal aunt, as the...

Lafever v. Kemlite Company - 12/31/1998
28-September 1998. Plaintiff Carl LaFever sued defendant/third-party plaintiff Kemlite Company (Kemlite) for injuries sustained while working on premises owned by Kemlite. Kemlite filed a third-party action for contribution (740...

Ingold v. Irwin - 12/30/1998
Plaintiffs Anita Ingold and Todd Ingold appeal from the December 9, 1997, order of the circuit court of McLean County dismissing their lawsuit against defendants G.S. Irwin, M.D., and McLean County Orthopedics, Ltd., with prejudice. We...

Zimmerman v. Fasco Mills Co. - 12/30/1998
Plaintiff, Bryan Zimmerman, administrator of the estate of Dale R. Zimmerman (Zimmerman), deceased, filed several successive complaints against defendants, Fasco Mills Company (Fasco Mills) and Stickle Enterprises, Ltd. (Stickle),...

Skolnick v. Altheimer and Gray - 12/28/1998
Appeal from the Circuit Court of Cook County. Honorable Alfred J. Paul, Judge Presiding. Terry Robin Horwitz Kass, an Illinois attorney (Kass), and the law firm of Sonnenschein Nath & Rosenthal (Sonnenschein) appeal from an...

Sobczak v. Flaska - 12/28/1998
Plaintiff, Josef Sobczak, a construction worker, was injured when the bulldozer he was operating slid off its flat-bed trailer and rolled 90 degrees, landing on top of his leg. Sobczak and his wife, Anna, brought suit against various...

Hoekstra v. Bose - 12/28/1998
Appeal from the Circuit Court of Cook County Honorable David R. Donnersberger, Judge Presiding Plaintiff, Charles Hoekstra filed a personal injury action against defendants Soumitra Bose and Kristi Linke seeking damages for...

Ferrer v. Brother Kuhl - 12/23/1998
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS Honorable Pamela K. Jensen, Judge, Presiding. Honorable Timothy Q. Sheldon, Judge, Presiding. Because of the identity of the issues presented, we have consolidated the...

Wallace v. Metropolitan Pier and Exposition Authority - 12/23/1998
Appeal from the Circuit Court of Cook County Honorable Sophia Hall, Judge Presiding. The issue in this case is whether Navy Pier in Chicago is recreational property within the meaning of section 3-106 of the Local...

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