In affirming the entry of summary judgment we obtained on behalf of our client, the Illinois Appellate Court rejected an asbestos plaintiff’s attempt to extend a duty in a premises liability case to a person who had no contact with the premises, but claimed injury from household exposure to asbestos fibers brought home on work clothes worn by a worker at our client’s premises. Nelson v. Aurora Equipment Company, 909 N.E.2d 931 (2d Dist. 2009). Read More »
Illinois Appellate Court Rejects Premises Liability Claim Brought by Asbestos Plaintiff Who Claimed “Take-Home” Exposure.
The “Lipke Rule” Overturned in Illinois . . .
The infamous Lipke Doctrine had its origin in Lipke v. Celotex Corp., 153 Ill. App. 3d 498 (1987). Lipke was the first asbestos case tried to verdict in Cook County, Illinois. Donald Lipke was an asbestos insulator who developed lung cancer and filed suit against 27 asbestos insulation manufacturers. Lipke’s discovery deposition was taken over a six-day period, during which all of the defendants were present and had an opportunity to ask questions. (Illinois law provides for separate discovery and evidence depositions, and the discovery deposition of a plaintiff is not admissible at trial under Illinois law.) Read More »
…But Settled Defendants Not Allowed on Illinois Verdict Forms.
The Illinois Supreme Court recently construed section 2-1117 of the Illinois Rules of Civil Procedure, 735 ILCS, 5/2-1117, which allows for apportionment of fault under certain circumstances, to preclude the inclusion of settling defendants on the verdict form. Thus, apportionment of fault on the verdict form applies only to defendants remaining in the litigation at the time of trial. Read More »