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| Crispell v. Indus. Comm'n (Transervice Corp.), NO. 5-05-0575WC,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, ILLINOIS WORKERS' COMPENSATION COMMISSION DIVISION, December 1, 2006, Filed
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Overview: Trial court erred in finding employer was not entitled to a lien credit against judgment paid to claimant for certain payments it had to make to him; payment of prosthetic expenses was compensation payment pursuant to 820 Ill. Comp. Stat. Ann. 305/8(a) for purpose of determining the employer's lien credit under 820 Ill. Comp. Stat. Ann. 305/5(b).
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| Shaheen v. Advantage Moving & Storage, Inc., No. 1-04-1079,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, December 1, 2006, Decided , December 1, 2006, Opinion Filed
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Overview: Trial court properly denied defendants' motion for a judgment notwithstanding the verdict in favor of plaintiff in a personal injury action, as the jury reasonably concluded that both plaintiff and the driver acted negligently in the incident, and there was no basis for disturbing the jury's assessment of the negligence of the parties.
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| Gonzalez v. Nissan N. Am., Inc., No. 1-05-3539,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, December 4, 2006, Decided
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Overview: Dismissal of buyers' case as a sanction for counsel's trial misconduct was improper. Record did not indicate that lesser sanction was ineffective, that dismissal was entered as a last resort, and that a trial was no longer possible. The buyers gained little benefit, if any, from their use of the exhibit, which had minimal impact on the jury.
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| Mansmith v. Hameeduddin, No. 1-04-1243,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, December 4, 2006, Decided , December 4, 2006, Opinion Filed
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Overview: In a medical malpractice action, the evidence supported the jury's finding that a doctor had a duty to inform a patient of a neurosurgeon's negligence and that the doctor's care of the patient deviated from the standard of care. The neurosurgeon's videotaped deposition was not "necessary" or "indispensable" to the trial, Ill. Sup. Ct. R. 206(g)(5).
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| Mansmith v. Hameeduddin, No. 1-04-1243,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, December 4, 2006, Decided
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Overview: The trial court did not err in denying a primary care physician's motions for directed verdict or JNOV because the jury had sufficient evidence in support of each of the elements of a medical malpractice action to enter a verdict against the primary care physician and for the husband of a deceased patient.
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| People v. Johnson, NO. 4-04-0460,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, December 4, 2006, Filed
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Overview: Other-crimes evidence was properly admitted under continuing-narrative, common scheme or design, motive, and intent exceptions. Attempted murder convictions were upheld as jury could have inferred intent from use of a deadly weapon and character of attack, and convictions for attempt and home invasion did not violate one-act, one-crime rule.
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| Bank of N.Y. v. Unknown Heirs & Legatees, No. 1-05-2299,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, December 5, 2006, Decided , December 5, 2006, Opinion Filed
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Overview: Granting of the bank's motion to reconsider and the intervenor's motion to vacate in mortgage foreclosure action was error; the bank did not exercise due inquiry and diligence required by 735 Ill. Comp. Stat. Ann. 5/2-206(a) and the intervenors were not bona fide purchasers entitled to protection under 735 Ill. Comp. Stat. Ann. 5/2-1401(e).
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| People v. Oehrke, No. 1-05-1433,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, December 5, 2006, Decided , December 5, 2006, Opinion Filed
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Overview: Trial court erred in admitting out-of-court statements in defendant's trial for aggravated battery on his mother, as statements made to doctor and nurse were inadmissible hearsay; they were not statements involving medical diagnosis and treatment but involved answers to questions intended to protect mother from returning to abusive environment.
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