A new test for the open and obvious doctrine

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 July 6, 2022 10:02 AM

As the Illinois Supreme Court considers Quiroz v. CTA, No. 127603, which among other things will decide the scope of the application of the open and obvious doctrine to moving trains and how that might interact, if at all, with the discovered trespasser doctrine, the Illinois Appellate Court continues to wrestle with a different aspect of the application of the open and obvious doctrine: whether it applies to ordinary negligence cases, or only to premises liability cases.This debate will be soon joined by the 4th District …

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