Appellate Court of Illinois, First District, First Division. STONEGATE INSURANCE COMPANY, Plaintiff-Appellant, v. WILLIAM SIMON, DAN McGINNIS, and STATE FARM MUTUAL AUTO INSURANCE COMPANY, Defendants-Appellees. No. 1-17-0392 December 26, 2017 Appeal from the Circuit Court of Cook County, No. 15 CH 15162 Honorable Rodolfo Garcia, Judge Presiding. ORDER JUSTICE MIKVA delivered the judgment of the court. *1 ¶ Read More »
Archives for December 2017
Insurance — Uninsured/underinsured motorist — Trial court erred by entering directed verdict in favor of plaintiffs on issues of causation and permanency of injury where there was sufficient conflicting evidence upon which jury could have based its decision — Trial court erred in granting new trial based on plaintiffs’ contention that trial court improperly limited their questioning during voir dire where plaintiffs failed to notify trial court of any challenge to the purported limitation of voir dire
43 Fla. L. Weekly D29aTop of Form Insurance — Uninsured/underinsured motorist — Trial court erred by entering directed verdict in favor of plaintiffs on issues of causation and permanency of injury where there was sufficient conflicting evidence upon which jury could have based its decision — Trial court erred in granting new trial based on Read More »
Torts — Automobile accident — Damages — Future medical expenses — Evidence regarding reasonably certain need for and costs of plaintiff’s palliative care was sufficient to support jury’s award of future medical expenses — Evidence was insufficient to support award for loss of future earning capacity where evidence revolved around plaintiff’s fear of losing her job rather than any diminished capacity to continue her employment — Remand for remittitur or new trial on issue of damages for loss of earning capacity
43 Fla. L. Weekly D28cTop of Form Torts — Automobile accident — Damages — Future medical expenses — Evidence regarding reasonably certain need for and costs of plaintiff’s palliative care was sufficient to support jury’s award of future medical expenses — Evidence was insufficient to support award for loss of future earning capacity where evidence Read More »
Appeals — Certiorari — Petitioners, who alleged trial court departed from essential requirements of law in denying motion for directed verdict and renewed motion for directed verdict in bifurcated trial on liability and further alleged that discovery requests propounded by plaintiff with trial on damages pending sought privileged information, failed to demonstrate irreparable harm that cannot be remedied in plenary appeal following trial on damages
43 Fla. L. Weekly D63aTop of Form Appeals — Certiorari — Petitioners, who alleged trial court departed from essential requirements of law in denying motion for directed verdict and renewed motion for directed verdict in bifurcated trial on liability and further alleged that discovery requests propounded by plaintiff with trial on damages pending sought privileged Read More »
Workers’ compensation — Repetitive trauma — Medical benefits — Surgery — Judge of compensation claims failed to accord expert medical advisor’s opinion its due when he relied solely on “reasonableness” of recommended surgery and ignored EMA’s opinion that recommended surgery was not medically necessary — Because JCC failed to apply correct standard in assessing EMA’s opinion and further failed to articulate reason for rejecting the opinion, he abused his discretion in awarding the surgeries at issue
43 Fla. L. Weekly D66a Top of FoWorkers’ compensation — Repetitive trauma — Medical benefits — Surgery — Judge of compensation claims failed to accord expert medical advisor’s opinion its due when he relied solely on “reasonableness” of recommended surgery and ignored EMA’s opinion that recommended surgery was not medically necessary — Because JCC Read More »
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