Pair of decisions from Illinois Supreme Court will shape civil practice for years

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 September 28, 2022 11:13 AM

The Illinois Supreme Court has issued two decisions, Quiroz v. Chicago Transit Authority, 2022 IL 127603, and Midwest Sanitary Service, Inc. v. Sandberg, Phoenix & Von Gontard, P.C., 2022 IL 127327, that will have a substantial impact on civil litigation in Illinois.Discussed in this space on Dec. 29, 2021, and May 18, 2022, the Quiroz decision reaffirms that the open and obvious doctrine is the law of Illinois and that a moving train is such a condition for which a possessor land owes no duty to a trespasser. In …

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