High court weighs question of punitive damages in legal malpractice action

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Freeman, Mathis, & Gary LLP, focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted March 23, 2022 11:11 AM

In a case that will decide whether defense lawyers are second class in the eyes of the law, the Illinois Supreme Court heard argument last week in Midwest Sanitary Service, Inc. v. Sandberg, Phoenix & Von Gontard, P.C. The question presented on this Rule 308 appeal is: “Does Illinois’ public policy on punitive damages and/or the statutory prohibition on punitive damages found in 735 ILCS 5/2-1115 bar recovery of incurred punitive damages in a legal malpractice case where the client alleges that, but for the negligence …

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