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What Is The Duty To Protect A Known Trespasser From An Open And Obvious Danger?

The issue presented in this case is whether the CTA owed a duty of care to Plaintiff’s Decedent, Ricardo Quiroz, who was struck by a CTA Red Line train inside the underground subway tunnel connecting the Grand and Chicago Rail Stations. Plaintiff… Read More
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Categories: Firm News, Publications

Can Punitive Damages Become Compensatory Damages?

This is a legal malpractice case brought by Plaintiffs against their attorneys individually and their law firm. Plaintiffs’ suit for malpractice claimed that Defendants were negligent in the trial of their case; and, as a result of their negligence… Read More
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Categories: Firm News, Publications

Chicago Title v. Watkin

BACKGROUND In 2011, Plaintiff, Chicago Title Land Trust Company, as trustee to a land trust, executed a mortgage in favor of Defendant Sara Watkin. She was trustee of a revocable trust. The mortgage served as security for a one-year line of credit to… Read More
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Categories: Firm News, Publications

Appellate Court Dodges an Interesting Question: Kallal v. Lyons

Parents/Plaintiffs, Krista Kallal and Skylar Kallal, brought suit individually and as Next Friends of Their Minor Child, Brooke Kallal against Timothy Lyons, M.D. and other Defendants arising out of injuries to Brooke Kallal which occurred at the tim… Read More
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Categories: Firm News, Publications

Defense Attorney’s Closing Argument Went Too Far, Case Reversed & Remanded: Michael Konewko v. Advocate Health & Hospitals Corp.

Plaintiff filed a medical malpractice suit against Defendant Hospital. Following a nine-day trial, which the appellate court characterized as a “closely balanced case,” the jury returned a verdict for the Defendant. Plaintiff moved for a new tria… Read More
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Categories: Firm News, Publications

Plaintiff Lacks Capacity to Sue - Is The Judgment Void?

Askew Insurance Group, LLC v. AZM Group, Inc. 2020 IL App (1st) 190179 by Robert Handley BURKE & HANDLEY, P.C. 799 Roosevelt Road, Building 6, Suite 108 Glen Ellyn, Illinois 60137 Procedural History In July, 2017, Askew Insurance Group, LLC filed… Read More
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Categories: Firm News, Publications

With A Suggestion That The Defendant Is Legally Blind – Can Plaintiff Get Defendant’s Medical Records?

Palm v. Holocker 2018 IL 123152 By Robert Handley BURKE & HANDLEY, P.C. 799 Roosevelt Road, Building 6, Suite 108 Glen Ellyn, Illinois 60137 FACTS On October 18, 2014, Defendant, Ruben Holocker struck Plaintiff, Scarlett Palm, a pedestrian crossi… Read More
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Categories: Firm News, Publications

Appellate Court lacks jurisdiction because Notice of Appeal was untimely filed

Download “Civil Practice and Procedure November 2017” and read this article on page 4. Read More
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Sheriff sale purchasers keep the property despite void judgment of foreclosure and sale

U.S. Bank N.A. v. Rahman, 2016 IL App (2) 150040 Facts On September 29, 2009, U.S. Bank filed its complaint to foreclose a mortgage against Defendant, Syeda Nazia Rahman (Rahman) and others with an interest in the property, on a residential property… Read More
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Categories: Firm News, Publications

Publication: Suing certain governmental entities for willful and wanton misconduct just became easier—Illinois abandons the public duty rule

Coleman v. East Joliet Fire Protection District (In re Estate of Coleman), 2016 IL 117952 Facts On the evening of June 7, 2008, 58-year old Coretta Coleman called 911 because she was having difficulties breathing. Nine minutes later, the ambulance cr… Read More
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Categories: Firm News, Publications