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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] No Cause of Action Under Dramshop Act for Estate of Unborn Fetus Killed by Actions of Intoxicated Person
- [1.21] Drug or Alcohol Impaired Minor Responsibility Act
- [1.22] Negligence Claim Involving Consumption of Alcohol Not Always Preempted by Dramshop Act
- III. [1.23] One-Year Limitation Period Governs Dramshop Act Claims
- IV. [1.24] 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 Alcohol to the Alleged Intoxicated Person
- [4.5] The Alcohol Provided Caused the Intoxication of the Alleged Intoxicated Person
- [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, at Least in Part, was a Proximate Cause of the Plaintiff’s Injuries
- [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
- Ronald W. Cobb, III
Ronald W. Cobb, III
Ronald W. Cobb, III is a Partner at McDevitt & Cobb, P.C., in Chicago, where he concentrates his legal practice in cases involving catastrophic personal injury, wrongful death, and professional negligence. He is a member of the Chicago Bar Association, the Illinois Trial Lawyers Association, and the American Association for Justice. He earned his B.A. from the University of Illinois and his J.D. from DePaul University College of Law.
- William F. Cook VI
William F. Cook VI
William F. Cook VI is a Partner at Hinshaw & Culbertson LLP, in Chicago, where he focuses his practice on civil litigation. He is a member of the Chicago Bar Association, the Catholic Lawyers Guild of Chicago, and the Celtic Legal Society of Chicago. Cook received his B.A. cum laude from John Carroll University and his J.D. from Chicago-Kent College of Law.
- Jeffrey S. Jordan
Jeffrey S. Jordan
Jeffrey S. Jordan is a Partner with the law firm of O’Connor & Nakos Ltd., in Chicago, where he focuses his practice on personal injury. He is a member of the Illinois Trial Lawyers Association and Illinois State Bar Association. Jordan earned his B.A. from Loyola University in Chicago and his J.D. cum laude, in addition to a certificate in Trial Advocacy, from Loyola University Chicago School of Law.
- Daniel J. McDevitt
Daniel J. McDevitt
Daniel J. McDevitt is a Partner at McDevitt & Cobb, P.C., in Chicago, where he focuses his practice on personal injury and wrongful death. McDevitt is a member of the American Association of Justice, the Illinois State Bar Association, and the Illinois Trial Lawyers Association. McDevitt earned his B.A. from the University of Iowa and his J.D. from DePaul University College of Law.
- Liam A. McGing
Liam A. McGing
Liam A. McGing is an associate at Hinshaw & Culbertson LLP, in Chicago, where he concentrates his practice in consumer financial services (class actions). McGing is a member of the Chicago Bar Association. He received his B.A. from Arizona State University and his J.D. from Chicago-Kent College of Law.
- Kate Scolaro
Kate Scolaro
Kate Scolaro is anassociate at Hinshaw & Culbertson LLP, in Chicago, where she concentrates her practice in consumer financial services and appeals. She received her B.A. from the University of Florida and her J.D. from Northwestern Pritzker School of Law.
- Jack Shadid
Jack Shadid
Jack Shadid is an associate at Hinshaw & Culbertson LLP in Chicago, where he focuses on bankruptcy and restructuring. He is a member of the Turnaround Management Association’s Education Committee, Hinshaw & Culbertson’s Artificial Intelligence Committee, and a Board Member of the Peoria Black Business Alliance. Mr. Shadid received his BA from the University of Notre Dame and his JD from te Chicago-Kent College of Law.
- Cameron A. Trahey
Cameron A. Trahey
Cameron A. Trahey is an associate at Hinshaw & Culbertson LLP, in Chicago, where she concentrates her practice in civil defense litigation. She is also a member of the Women’s Bar Association of Illinois.Trahey earned herB.A. from the University of Illinois and her J.D. magna cum laude from DePaul University College of Law.
- Matthew P. Walsh II
Matthew P. Walsh II
Matthew P. Walsh II is a Partner at Hinshaw & Culbertson LLP, in Chicago, where he concentrates his practice in complex litigation with particular emphasis in the areas of construction, commercial, employment, municipal, medical malpractice, and religious institutions liability. He is on the Board of Directors for the Chicago Metropolitan Agency for Planning and the Board of Managers for the Chicago Bar Association. Walsh earned his B.A. from Bradley University and his J.D. from Chicago-Kent College of Law.
Dramshop Act Practice 2024 Edition
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