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List of Forms by Chapter - Chapter 1 — Complaint, Answer, and Motions
- I. [1.1] Scope of Chapter
-
II. In the Beginning - III. Complaint
- [1.4] Preparation
- [1.5] General Form
- [1.6] Body of Complaint
- [1.7] Preface
- [1.8] Venue Allegations
- Allegations Relating to the Facts of the Occurrence
- [1.9] In General
- [1.10] Who, What, When, and Where
- [1.11] Specific Allegations of Negligence/Willful and Wanton Conduct
- [1.12] Injuries, Damages, and Proximate Cause
- [1.13] Prayer for Relief
- [1.14] Incorporation by Reference
- [1.15] Amendments
- IV. [1.16] Response to the Complaint
- [1.17] Before Responding
- [1.18] Appearance and Motion To Quash Summons
- [1.19] Motion To Transfer to a Proper Venue
- [1.20] Forum Non Conveniens
- [1.21] Motion Challenging the Sufficiency of the Complaint
- [1.22] Motion To Dismiss
- [1.23] Proximate Cause
- [1.24] Municipal Liability
- [1.25] Motion for Judgment on the Pleadings
- Answer, Affirmative Defense, and Counterclaim
- [1.26] Answer
- [1.27] Affirmative Defense
- [1.28] Counterclaim: Contribution or Other Damages
- [1.29] Third-Party Actions
- [1.30] Motion for Summary Judgment
- V. Plaintiff Returns
- VI. [1.35] Small Claims
- Chapter 2 — Discovery and Investigation
- I. [2.1] Scope of Chapter
- II. Informal Investigation Procedures
- [2.2] In General
- [2.3] Client Conference
- Insurance
- [2.4] In General
- [2.5] Insurance for Ride Share Drivers
- [2.6] Police Report
- [2.7] Illinois Vehicle Code
- [2.8] Federal Motor Carrier Safety Rules and Regulations
- [2.9] Accidents Involving Multiple Vehicles or Tortfeasors
- Obtaining Witness Statements
- [2.10] Opponent’s Statement
- [2.11] Nonparty Witnesses’ Statements
- [2.12] “Act of God” Defense — Sudden Illness of Driver
- [2.13] Scene Inspection
- [2.14] Photographs of Damage to Vehicles
- [2.15] Repair Bills and Estimates
- [2.16] Enhanced Injury — Airbag Deployment Failure
- [2.17] Vehicle Safety Issues and Recalls
- [2.18] Weather Reports
- [2.19] Websites and E-Mails
- [2.20] Social Media Posts
- [2.21] Surveillance Photographs and Videos
- [2.22] Black Boxes and Other Tracking Devices
- [2.23] Expert Witnesses
- [2.24] Possible Uses of an Expert Witness
- [2.25] Experiments
- [2.26] Preservation of Evidence
- III. Formal Discovery Procedures
- [2.27] Scope of Discovery
- [2.28] Supreme Court Rule 224 — Pre-Suit Discovery
- [2.29] Written Interrogatories
- [2.30] Preparing Written Interrogatories
- [2.31] Preparing Answers to Written Interrogatories
- [2.32] Supreme Court Rule 138 — Limits on Disclosure
- [2.33] Updating Answers
- [2.34] Uses of Answers to Interrogatories
- [2.35] Discovery of Expert Information
- [2.36] Depositions in General
- [2.37] Deposition of the Opponent or a Witness
- [2.38] Presenting the Client for Deposition
- [2.39] Uses of the Deposition
- [2.40] Production Requests
- [2.41] Obtaining Statements from Parties and Employees of Parties
- [2.42] Obtaining Records and Other Data by Subpoena
- [2.43] Medical, Hospital, and Psychiatric Records
- [2.44] Employment Records
- [2.45] Documents Relating to the Opponent’s Expert
- [2.46] Cell Phone Usage Records
- [2.47] Text Messages
- [2.48] Sanctions for Failure To Comply with Discovery
- Chapter 3 — Preparation for Trial
- I. [3.1] Scope of Chapter
- II. Objective Sources for Analysis in an Automobile Accident Case
- [3.2] Reports, Black Boxes, and Video and Audio Recordings
- Law
- [3.3] Statutory Law
- [3.4] Illinois Vehicle Code
- Federal Motor Carrier Safety Regulations
- [3.5] In General
- Truck Cases
- [3.6] Agency dilemma
- [3.7] Electronic data recording and the consulting expert privilege
- [3.8] Commercial driver’s license manuals
- [3.9] Municipal and Village Ordinances
- [3.10] Caselaw
- [3.11] Negligent Entrustment
- [3.12] Intersection Accidents
- [3.13] Traffic Signs
- [3.14] Traffic Signals
- [3.15] Rear-End Collisions
- [3.16] Criminal Proceedings
- [3.17] Photographs, Diagrams, Surveys, and Plats
- [3.18] Inspecting the Site and Canvassing the Area
- [3.19] Statements
- [3.20] Depositions
- [3.21] Competency
- [3.22] Use of Discovery Depositions at Trial
- [3.23] Government Documents
- [3.24] Company Rules, Regulations, and Documentation
- [3.25] Time, Speed, and Distance Formulas
- III. [3.26] 50-Percent Rule
- IV. [3.27] Police Officers, Emergency Personnel, and Police Chase Cases
- [3.28] Police Reports
- [3.29] Past Recollection Recorded and Present Recollection Refreshed
- [3.30] Opinions That Can Be Expressed by a Police Officer That Are Not Reconstruction Testimony
- [3.31] Intoxication
- [3.32] Point of Impact
- [3.33] Opinions Regarding Skid Marks
- [3.34] Point of Impact Between a Vehicle and a Pedestrian
- [3.35] When Can a Police Officer Be a Reconstruction Expert?
- [3.36] Paramedics or Firefighters
- V. [3.37] Experts — Supreme Court Rule 213
- VI. [3.40] Trial Checklist: Am I Ready for Trial?
- [3.41] Are Jury Instructions Completed?
- [3.42] Have Supreme Court Rule 237 Requests Been Issued?
- [3.43] Are Motions in Limine Completed?
- [3.44] Are Basic Voir Dire Questions Ready?
- [3.45] Have the Depositions Been Reviewed and Outlined or Abstracted?
- [3.46] Have All of the Witnesses Been Lined Up and Prepared?
- [3.47] Is It Known How All of the Exhibits Will Be Presented Before the Jury?
- [3.48] Has a Pretrial Brief Been Prepared To Advise the Judge of the Relevant Liability and Damage Issues in the Case?
- [3.49] Is the Opening Statement Completed?
- [3.50] Is the Closing Completed?
- [3.51] How Should Counsel Begin Rebuttal?
- [3.52] Has the “Bad Faith” Demand Letter Been Issued?
- VII. Appendix
- [3.53] Example — Impeachment of Truck Driver with Own Testimony re High Beams
- [3.54] Sample Form — Supreme Court Rule 214 Request To Produce
- [3.55] Sample Form — Supreme Court Rule 204(a)(3) Request To Produce at Deposition
- [3.56] Sample Form — Supreme Court Rule 237 Notice
- [3.57] Example — Trial Brief
- [3.58] Example — Trial Memorandum
- [3.59] Example — Plaintiffs’ Response to Defendants’ Motion
- [3.60] Example — Plaintiffs’ Jury Questionnaire in a Medical Malpractice Case
- Chapter 4 — An Overview of Supreme Court Rule 213
- Chapter 5 — The Scope of Permissible Closing Arguments in Automobile Crash Accidents
- Chapter 6 — Intersection Collisions
- I. [6.1] Scope of Chapter
- II. [6.2] Definitions
- III. [6.3] History of Intersectional Right-of-Way
- IV. [6.4] Determination of Whether Accident Is Intersectional Collision
- V. [6.5] Right-of-Way at Open Intersections
- VI. [6.10] Controlled Intersections
- VII. [6.20] Left Turn
- VIII. [6.23] Emergency Vehicle Right-of-Way
- [6.24] Illinois Vehicle Code
- [6.25] Tort Immunity Provisions Relating to Emergency Vehicles
- [6.26] Relationship Between the Illinois Vehicle Code and Immunity Provisions
- [6.27] Is the Driver Responding to an Emergency or Otherwise Engaged in the Enforcement or Execution of Laws?
- [6.28] Determining Fault — Checklist
- IX. [6.29] Nonmotorist Defendants
- Governmental Bodies
- [6.30] Design of Intersections
- [6.31] Improving Intersections
- [6.32] Traffic Signs and Signals
- [6.33] Failure To Provide Traffic Controlling Devices
- [6.34] Intended and Permitted Users
- [6.35] Failure To Maintain Traffic Controlling Devices
- [6.36] Responsibility for the Roadway in Question
- [6.37] Failure To Improve Traffic Controlling Devices
- [6.38] Signal Malfunction
- [6.39] Notice
- [6.40] Weather Conditions
- [6.41] Contractors and Utility Companies
- [6.42] Adjacent Landowners and Double-Parkers
- X. [6.43] Pedestrians
- XI. [6.48] Bicyclists
- XII. [6.49] Violation of Statute
- XIII. [6.50] Conclusion
- Chapter 7 — One-Car Accidents
- I. [7.1] Scope of Chapter
- II. Actions by Driver or Passenger in Automobile
- III. [7.6] Actions Against Road Contractors and Municipalities
- IV. [7.7] Actions Against Automobile Manufacturers
- V. [7.8] Application of Res Ipsa Loquitur
- VI. [7.9] Actions Against Own Insurance Company for Hit-and-Run Occurrences
- VII. [7.10] Common-Law Actions Against Vendor of Alcohol
- VIII. [7.11] Statutory Actions Based on the Use of Wireless Telephones and Electronic Communication Devices
- Chapter 8 — Rear-End Collisions
- Chapter 9 — Railroad Crossing Crashes
- I. Introduction and Summary of Illinois Rail Facts
- II. Applicable Laws and Rules
- III. [9.5] Types of Warning Devices
- IV. Investigation of the Railroad Crossing Crash Case
- V. Federal Preemption: The Erosion of Common-Law State Tort Claims
- VI. [9.16] Several Theories of Liability Not Preempted by Federal Law
- VII. [9.17] Mandatory Stop Sign Laws or Regulations
- VIII. Possible Theories of Liability
- IX. [9.24] Summary and Concluding Thoughts
- X. Appendix
- Chapter 10 — Across the Centerline
- I. [10.1] Introduction
- II. [10.2] Statutory Law
- III. [10.3] Common Law — The Calvetti Rule
- IV. [10.4] Res Ipsa Loquitur
- V. [10.5] Fault of Driver in Proper Lane
- VI. [10.6] Deliberate Movement Across Centerline
- VII. [10.7] Who Crossed the Centerline?
- VIII. [10.8] Trial Preparation
- IX. [10.9] Demonstrative Evidence
- X. [10.10] Conclusion
- XI. [10.11] Appendix — Reference Sources
- Chapter 11 — Pedestrian vs. Motorist: Can’t We All Just Get Along?
- Chapter 12 — Evidence of Drinking
- I. [12.1] Introduction
- II. Applicable Standards
- III. Issues to Which Evidence of Drinking Might Be Relevant
- [12.7] In General
- [12.8] Illinois Caselaw
- [12.9] Issues Raised by Evidence of Drinking by a Driver
- [12.10] Dramshop Act Cases
- [12.11] Actions Involving Violation of Prohibition Against Driving While Under the Influence of Alcohol
- [12.12] Under the Influence of Alcohol vs. Intoxicated
- [12.13] Advantages to Proponent of Evidence of Drinking Phrased in Terms of Whether Driver Was Under the Influence of Alcohol
- [12.14] Question of Intoxication
- [12.15] Issues Raised by Evidence of Drinking by Passenger or Pedestrian
- IV. [12.16] Admissibility of Specific Kinds of Evidence
- V. [12.23] Admission of Evidence of Drinking Without Proof of Intoxication
- VI. Cases That Seem To Equate Test for Submissibility in Dramshop Cases with Test for Admissibility of Evidence of Drinking
- VII. [12.29] Conclusion
- Chapter 13 — Agency
- Chapter 14 — Reconstruction Experts
- I. [14.1] Scope of Chapter
- II. Opinion Testimony
- III. Reconstruction Experts
- IV. Foundation for Testimony
- V. [14.11] Qualifications — How Much Expertise Is Necessary?
- VI. [14.15] Collection of Physical Evidence
- VII. [14.16] Skid Mark Interpretation
- VIII. [14.17] Stopping Distance
- IX. [14.18] Calculation of Speed
- X. New Directions in the Law of Accident Reconstruction Experts
- XI. [14.22] Sample Direct Examination of Expert
- Chapter 15 — The Use and Presentation of Demonstrative Evidence in the Trial of an Automobile Negligence Case
- I. [15.1] Scope of Chapter
- II. [15.2] Uses of Demonstrative Evidence
- III. [15.3] Stipulated Foundation
- IV. [15.4] Disputed Foundation
- V. [15.5] Real and Demonstrative Evidence
- VI. Particular Types of Demonstrative Evidence
- VII. [15.14] Demonstrative Evidence on Appeal
- VIII. [15.15] Conclusion
- IX. [15.16] Additional Reading
- Patrick C. Anderson
Patrick C. Anderson
Patrick C. Anderson is an associate attorney with the Healy Scanlon Law Firm, in Chicago, where he concentrates in personal injury and workers’ compensation law. He is a member of the Workers Compensation Lawyers Association, the Illinois Trial Lawyers Association, and the Chicago and Illinois State Bar Associations. He earned his B.A. from Lewis University with honors, where he competed with the American Mock Trial Association and was a member of Delta Epsilon Sigma National Catholic Honors Society, and his J.D. magna cum laude from Loyola University Chicago School of Law, graduating first in his class. While studying at Loyola, he won awards for Academic Excellence in Illinois Litigation, Advanced Civil Procedure, Advanced Writing for Civil Litigation, and Legal Writing.
- Tyler D. Beckerle
Tyler D. Beckerle
Tyler D. Beckerle is Counsel to Roper & Associates in St. Louis, where he focuses on civil litigation and insurance defense.
- Bruce A. Beeman
Bruce A. Beeman
Bruce A. Beeman is a Partner with Wolter, Beeman, Lynch & Londrigan, LLP, in Springfield, where he maintains a general law practice with special concentrations in municipal, real estate, and injury law. He has many years of trial experience in civil and criminal law and has served as lead or sole trial counsel in cases in which he has obtained jury verdicts in Central Illinois totaling in excess of $50 million. Mr. Beeman has been selected annually as a Leading Personal Injury Lawyer in the Leading Lawyer Network and as an Illinois Super Lawyer, has been named as a member of the Million Dollar Advocates Forum, has served as an author and as a speaker for IICLE®, and served as a lecturer for the University of Illinois at Springfield. He is a member of the Illinois State Bar as well as the Illinois and American Trial Lawyer’s Associations. Mr. Beeman is admitted to practice before the Illinois Supreme Court, United States District Court for the Central District of Illinois, and the United States Supreme Court. He earned his B.S. from Southern Illinois University and his J.D. from The John Marshall Law School. Mr. Beeman is pleased to practice with his youngest son, Brent A. Beeman, who is a graduate of the Southern Illinois University School of Law.
- Christopher Patrick Ford
Christopher Patrick Ford
Christopher Patrick Ford is a solo practitioner in Chicago, where he focuses on injury cases filed on behalf of working families. In 2014, U.S. News and World Report/Best Lawyers named him Chicago Litigation Lawyer of the Year, and in September 2021, Marquis Who’s Who Top Lawyers awarded him the Albert Nelson Marquis Lifetime Achievement Award. He participates as an instructor in trial advocacy programs at Emory University School of Law and Harvard University Law School. Mr. Ford earned his B.A. from Kalamazoo College and his J.D. from Emory University School of Law.
- Martin J. Healy, Jr.
Martin J. Healy, Jr.
Martin J. Healy, Jr., is a Founding Partner of Healy Scanlon Law Firm in Chicago, where he focuses on products liability, interstate trucking, construction, railroad, medical malpractice, and many other types of injury cases. He is a Past President of the Illinois Trial Lawyers Association, Past Chair of the Illinois Supreme Court Rules Committee, a member of the Board of Governors of the American Association for Justice, and a Fellow of the International Academy of Trial Lawyers. Mr. Healy earned his B.A. from the University of Notre Dame and his J.D. from the Loyola University Chicago School of Law, where he was Associate Editor of the law review.
- David S. Jasmer
David S. Jasmer
David S. Jasmer is Principle of the Jasmer Law Firm, in Chicago, where he concentrates his practice in plaintiffs’ personal injury law, including motor vehicle negligence, products liability, and medical malpractice. He served as an intern for the Honorable Joyce Hens Green in the U.S. District Court for the District of Columbia. He is a member of American Association for Justice, the Interstate Trucking Litigation Group of the American Association for Justice, the Illinois Trial Lawyers Association, and the Chicago and Illinois State Bar Associations. Mr. Jasmer earned his B.A. from Michigan State University and his J.D. from the University of Michigan Law School.
- Dennis M. Lynch
Dennis M. Lynch
Dennis M. Lynch is a member of the Healy Scanlon Law Firm, in Chicago, where he concentrates his practice in all areas of personal injury and workers’ compensation, and has successfully resolved many cases through settlement, arbitration, and trial. He has also pursued appeals in the Illinois Appellate and Illinois Supreme Courts. He is a member of the Illinois Trial Lawyers Association, a member of the Illinois State Bar Association (a member of the Board of Governors), a Past Chair of the Tort Law Section Council, and a member of the American Association for Justice (Board of Governors of the Interstate Trucking Litigation Group). He has been frequently invited to speak or write on behalf of ITLA, IICLE®, APITLA, ISBA, and AAJ on a wide variety of topics. Mr. Lynch has also lectured at Loyola University Chicago School of Law regarding construction law and related tort and personal injury concepts. He earned his B.A. from Lewis University with highest honors and his J.D. magna cum laude from Loyola University Chicago School of Law.
- J. Wesley Mitchell
J. Wesley Mitchell
J. Wesley Mitchell is a Founding Partner of Mitchell Hoffman & Wolf LLC, in Chicago, where he concentrates his practice in plaintiffs’ personal injury matters, including medical malpractice, automobile accidents, wrongful death, and construction accidents. He has been recognized with the Leading Lawyers Award (2016, 2017) and is a member of the Illinois State Bar and Illinois Trial Lawyers Associations. He earned his B.S. from Indiana State University and his J.D. from IIT/Chicago-Kent College of Law.
- John E. Norton
John E. Norton
John E. Norton, the Managing Partner of Norton and Bruss, LLC, with offices in Chicago and Wheaton, has been an active trial lawyer for over 35 years. He has tried cases in the state and federal courts throughout Chicago, the collar counties, and northern Illinois. He has litigated thousands of cases in the areas of professional negligence, personal injury, and civil rights at both the trial and appellate levels including the Supreme Court of Illinois and the Supreme Court of the United States of America. Mr. Norton has been elected a member of the Society of Trial Lawyers and the American Board of Trial Advocates (ABOTA) and has served as a member of the Board of Directors of the DuPage County Bar Association. He has also lectured on various medical malpractice subjects for IICLE®. He earned his B.A. from the University of Notre Dame and his J.D. from DePaul University College of Law. He obtained a Certificate in Mediation Skills from Northwestern University and is a court-certified and appointed mediator and arbitrator in DuPage and Kane Counties.
- Larry R. Rogers, Jr.
Larry R. Rogers, Jr.
Larry R. Rogers, Jr. is an Equity Partner with Power Rogers & Smith, L.L.P., in Chicago, where he is a trial lawyer with over 25 years of experience advocating for victims and successfully securing multimillion dollar settlements and verdicts in a variety of personal injury and wrongful-death matters. Mr. Rogers has been featured on or in Good Morning America, NBC Chicago, the Chicago SunTimes, the Chicago Tribune, and Crain’s Chicago Business, by which he was recognized as one of the top trial lawyers of his generation. He is a member and Past President of the Cook County Bar Association, has served on the Board of Directors of the National Bar Association, and has served on the Board of Managers of the Illinois Trial Lawyers Association. He was appointed by the Illinois Supreme Court to the Lawyers’ Assistance Program and has served on its Board of Directors. Mr. Rogers has authored articles and given presentations on a range of subjects, including automobile and birth-related medical negligence, and has spoken at seminars on topics important to the practicing trial attorney. Mr. Rogers received his B.S. from the University of California, Davis, and his J.D. from IIT/Chicago-Kent College of Law.
- Jason G. Schutte
Jason G. Schutte
Jason G. Schutte is a Partner at Drake, Narup & Mead, P.C., in Springfield where he focuses on personal injury, civil litigation, and insurance defense. He is a member of the Illinois State and Missouri Bar Associations and the Illinois Defense Counsel. Mr. Schutte earned his B.A. from Western Illinois University and his J.D. from the Southern Illinois University School of Law.
- Steven C. Ward
Steven C. Ward
Steven C. Ward is Of Counsel to Brown, Hay & Stephens, LLP, in Springfield, where he focuses on litigation. He is a member of the Sangamon County and Illinois State Bar Associations. He has written several chapters for IICLE® and spoken at seminars on various topics. Mr. Ward earned his B.A. from DePauw University and his J.D. from Chicago-Kent College of Law.
Proving Fault in Auto Accident Cases (ARCHIVED 2020 EDITION)
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