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List of Forms by Chapter - Chapter 1 — Overview of Statute and Caselaw
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I. Scope of Chapter - II. Types of Actions
- [1.6] Personal Injury or Property Damage as the Result of an Act of an Intoxicated Person
- [1.7] Pain and Suffering
- [1.8] Medical Expenses
- [1.9] Injury to Means of Support or for Loss of Society as the Result of an Act of an Intoxicated Person
- [1.10] Lost Wages and Loss of Means of Support
- [1.11] Plaintiff’s Lost Wages as Loss of Means of Support
- [1.12] Loss of Support Provided by Spouse
- [1.13] Loss of Domestic and Parental Services
- [1.14] Insurance Company as Subrogee
- [1.15] Collateral-Source Rule
- [1.16] Bullet from Guard’s Gun
- [1.17] Workers’ Compensation Claim by an Estate Administrator
- [1.18] Municipality
- [1.19] No Cause of Action Under Dramshop Act Against Social Hosts Who Provide Alcohol to Adults
- [1.20] Drug or Alcohol Impaired Minor Responsibility Act
- [1.21] Negligence Claim Involving Consumption of Alcohol Not Always Preempted by Dramshop Act
- III. [1.22] One-Year Limitation Period Governs Dramshop Act Claims
- IV. [1.23] Defenses
- Chapter 2 — Parties to Actions Under the Dramshop Act
- Chapter 3 — Pleadings in Dramshop Cases
- I. [3.1] Elements and Basics of Dramshop Pleadings
- II. Complaint Forms
- Personal Injury and Property Damage Against Owner or Operator — Common-Law Count Against Intoxicated Person
- [3.2] Notes on Use and Comment
- [3.3] Stacking
- [3.4] Sample Form of Complaint
- Personal and Property Damage — Act of Intoxicant Causing Injury Not Directed Against Plaintiff
- [3.5] Notes on Use and Comment
- [3.6] Sample Form of Complaint
- Source of Support Excludes Claim for Portion of Wages — To Avoid Defense of Double Recovery
- [3.7] Notes on Use and Comment
- [3.8] Sample Form of Complaint
- Injury to Means of Support with Multiple Sources of Support — Two Persons Injured in Common Occurrence
- [3.9] Notes on Use and Comment
- [3.10] Sample Form of Complaint
- All Three Types of Actions Allowed Under Dramshop Act
- [3.11] Notes on Use and Comment
- [3.12] Sample Form of Complaint
- More than One Dramshop Defendant Involved
- [3.13] Notes on Use and Comment
- [3.14] Sample Form of Complaint
- Indirect Sale
- [3.15] Notes on Use and Comment
- [3.16] Sample Form of Complaint
- [3.17] Loss of Society or Consortium
- [3.18] Common-Law Action
- [3.19] Dramshop Liability Limits
- III. General Notes on Pleadings of Defendant and Defenses
- Chapter 4 — Investigation and Discovery
- I. [4.1] Scope of Chapter
- II. [4.2] Reference to the Statute
- III. [4.3] Necessary Elements of the Cause of Action
- [4.4] Defendant Sold or Gave Alcoholic Liquor to Inebriate
- [4.5] The Liquor Caused or Materially and Substantially Contributed To Cause Intoxication
- [4.6] Use of Blood Alcohol Tests
- Opinion Testimony Regarding Intoxication
- [4.7] Lay Opinions
- [4.8] Testifying Witnesses
- [4.9] Experiments
- [4.10] Preservation of Evidence
- The Intoxication Proximately Caused Injury
- [4.11] In General
- [4.12] Compensable Injuries and Damages
- IV. [4.13] Available Defenses
- V. [4.16] Contribution and Setoffs
- VI. Informal Discovery Procedures
- VII. [4.21] Formal Discovery Procedures
- [4.22] Written Interrogatories
- [4.23] Plaintiff’s Interrogatories
- [4.24] Defendant’s Interrogatories
- [4.25] Death or Loss of Means of Support/Loss of Society Interrogatories
- [4.26] Supreme Court Rule 213 Interrogatories
- [4.27] Preparing Answers to Written Interrogatories
- [4.28] Depositions
- Production Requests
- [4.29] In General
- [4.30] Suggested Production Requests
- [4.31] Obtaining Records and Other Data by Subpoena
- Chapter 5 — Trial Practice in Dramshop Cases
- I. [5.1] Scope of Chapter
- II. [5.2] Pretrial Preparation
- [5.3] Pleadings Unique to Dramshop Cases
- [5.4] Affirmative Defense of Complicity
- [5.5] Affirmative Defense of Provocation
- [5.6] Setoff
- [5.7] Common Evidentiary Issues
- [5.8] Statements of Alleged Intoxicated Person
- [5.9] Results of Breathalyzer and Blood Tests
- [5.10] Intoxication of the Plaintiff and Other Witnesses
- [5.11] Records of the Coroner’s Medical or Laboratory Examiner
- [5.12] Illinois Supreme Court Rule 213
- III. Trial
- [5.13] Voir Dire
- [5.14] Juror’s Knowledge Regarding the Dramshop Act
- [5.15] Interest in Wholesale or Retail Liquor Business
- [5.16] Prospective Juror’s Use of Alcoholic Beverages
- [5.17] Juror’s Experience in Reaching Opinion Regarding Intoxication
- [5.18] Opening Statement
- Plaintiff’s Case
- [5.19] Initial Considerations
- [5.20] Organization of Evidence and Witnesses
- [5.21] Motions for Directed Verdict
- Defendant’s Case
- [5.22] Initial Considerations
- [5.23] Organization of Evidence and Witnesses
- Closing Argument
- [5.24] Initial Considerations
- [5.25] Organization of the Closing
- [5.26] Outline for Closing
- [5.27] Introductory Statement
- [5.28] Introduction to Cautionary Instructions
- [5.29] Specifics of the Dramshop Act
- [5.30] Description of the Occurrence
- [5.31] Basis for Liability
- [5.32] Damages
- [5.33] Request for Verdict
- [5.34] Instructions
- [5.35] Cause of Intoxication
- [5.36] Complicity
- [5.37] Provocation
- [5.38] Sale or Gift
- [5.39] Posttrial Verdict Adjustments
- Matthew G. Burke
Matthew G. Burke
Matthew G. Burke is a Managing Partner at Heineke & Burke LLC, in Chicago, where he concentrates his practice in defense litigation of insurance clients including motor vehicle, premises liability, Dramshop Act liability, construction injury, and employment discrimination matters. He is a member of the Chicago Bar and Illinois State Bar Associations, the Federation of Defense and Corporate Counsel, and the Society of Trial Lawyers. Mr. Burke earned his B.A. from Miami (Ohio) University and his J.D. magna cum laude from UIC John Marshall Law School. He was a member of the UIC John Marshall Law School Moot Court and a Staff Editor of the UIC John Marshall Law Review.
- Ronald W. Cobb, III
Ronald W. Cobb, III
Ronald W. Cobb, III, is an attorney at McDevitt Law Offices P.C., in Chicago, where he concentrates his legal practice in cases involving catastrophic personal injury, products liability, medical negligence, and wrongful death. He is a member of the Illinois State Bar Association, the Illinois Trial Lawyers Association, and the American Association for Justice. Mr. Cobb has been selected as an Emerging Lawyer by Leading Lawyers (2016 – current), and Avvo has rated him as “Excellent.” He earned his B.A. from the University of Illinois and his J.D. from DePaul University College of Law.
- Jeffrey S. Jordan
Jeffrey S. Jordan
Jeffrey S. Jordanis a Partner at O’Connor & Nakos, Ltd., in Chicago, where he focuses on plaintiffs’ personal injury law. He is a member of the Illinois State and Chicago Bar Associations, the Illinois Trial Lawyers Association, and the American Association for Justice. Mr. Jordan received his B.A. from Loyola University Chicago and his J.D. from Loyola University Chicago School of Law.
- Daniel J. McDevitt
Daniel J. McDevitt
Daniel J. McDevitt was made a Partner at the Law Offices of John J. Dwyer, Jr., P.C., in Chicago, and the firm name was changed to Dwyer & McDevitt to reflect the partnership. John Dwyer retired on January 1, 2015, and the firm name was changed to McDevitt Law Offices P.C. Mr. McDevitt is a member of the American Association of Justice, the Illinois State Bar Association, the Illinois Trial Lawyers Association, and the Million Dollar Advocate Forum. He has been named a Rising Star (2008 – 2011) and a Super Lawyer (2016 – 2020). Mr. McDevitt earned his B.A. from the University of Iowa and his J.D. from DePaul University College of Law.
- Mary Beth O'Brien
Mary Beth O'Brien
Mary Beth O’Brien is an associate with Chilton Yambert Porter LLP in Chicago, where she focuses her practice on insurance defense litigation, with an emphasis on construction, premises, and dramshop liability. She is a member of the Illinois State, Chicago, Lake County, and Women’s Bar Associations and the Society of Trial Lawyers. Ms. O’Brien received her B.B.A. from St. Mary’s College and her J.D. from DePaul University School of Law.
- Kerrianne L. Waters
Kerrianne L. Waters
Kerrianne L. Waters is an attorney with the Law Office of Jeff Green, in Peoria, where she focuses her practice in products liability. She is a member of the Peoria County, Illinois State, and American Bar Associations, as well as the Women’s Bar Association of Illinois. Ms. Waters has been the recipient of the National Association of Women Lawyers Award, awarded Pro Bono Legal Service Certificates (2012– 2013, 2013 – 2014), and named the Peoria County Bar Association’s Pro Bono Young Lawyer of the Year (2019). She earned her B.S. from the University of Illinois Urbana-Champaign and her J.D. from Southern Illinois University School of Law.
Dramshop Act Practice 2020 Edition
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