In 1909, the Illinois Supreme Court found that bicyclists had the same right to safe roads as horse-drawn wagons and even that new-fangled contraption, the motor car. The story was different in 1998 in a supreme court case marked by a 5-4 split decision with a stinging dissent.
Read more »Bicyclists and others must make decisions quick in the wake of a serious crash. Here’s advice on what to do, put together by William Lazarus in preparation for a presentation to the south suburban bicycle club, Folks on Spokes.
Read more »© By William Lazarus 1. Consider whether the appeal makes sense. Why are you likely to beat the odds that the trial court will be affirmed? Do you have an issue particularly worthy of challenge? If so, is your case a good vehicle for raising that issue? If you’ve won below, what are the weak [...]
Read more »A West Chicago striptease club, argued it could not be held responsible in a wrongful death lawsuit alleging that it forced a sick, drunk customer to drive away. The Illinois Trial Lawyers Association submitted a friend-of-the-court brief to the Illinois Supreme Court. The brief, written by William Lazarus, begins: “On Stage Productions, Inc. banks on its own lawlessness in arguing that its wanton behavior is immune from the rule of law.” On March 18, 2010, the high court ruled in plaintiffs’ favor, allowing the case to proceed. Simmons v. Homatas, 236 Ill.2d 459 (2010). The body of ITLA’s brief follows.
Read more »The steel mill argued the plaintiff was its employee. But the purchase order indicated Darryl was nothing more than a part supplied by his real employer. The documents added grist to our reply on appeal.
Read more »Due to her unbending insistence on the “open and obvious” doctrine, the judge was unwilling to consider how the design defects related to the hazard and the resulting tragedy. Unwilling to consider the realities, the judge insisted upon transcendental proof in the name of science. Indiana law,however, is not so finicky in cases where hazards are clear.
A case description and sample from our brief follow.