Chicago Accident Law Blog

An Illinois wrongful death lawsuit that I filed on behalf of the family of a 17 year old boy who died in a crash while riding his motorcycle recently came to a successful conclusion. On July 26, 2004, the decedent's best friend drove his 1995 Honda CBR 600 F3, which he had just purchased, to decedent's home to let him take it for a ride. This motorcycle is commonly known as a "pocket rocket", due to its rapid acceleration. This feature causes inexperienced drivers to be thrust back causing their hands to pull back on the accelerator which is located on the hand grip. Unfortunately, while riding the motorcycle decedent lost control of the motorcycle, left the roadway and struck a tree sustaining fatal head injuries.

In Illinois it is illegal to operate a motorcycle without a Class M license. Neither 17 year old boy had a Class M license nor did they ever have any training in the operation of motorcycles. Decedent's family sued the the 17 year old owner of the motorcycle alleging negligent entrustment of the motorcycle to their inexperienced, unlicensed and underage son.

Continue reading "Negligent Entrustment of Motorcycle" »

Illinois Wrongful Death Act now allows jurors to award damages for "grief, sorrow, and mental suffering." The law in Illinois since 1867 has been that in wrongful death actions, there is "no recovery for bereavement" and "nothing can be given as solatium." Chicago & A.R. Co. v. Shannon, 43 Ill. 338, 1867 WL 5039 (1867).

Jury instructions in wrongful death actions arising before the effective date of this amendment, May 31, 2007, have and will include Illinois Pattern Jury Instruction (Civil) IPI 31.07. This instructions states: In determining "pecuniary loss" you may not consider the following:
(1) The pain and suffering of the decedent;
(2) The grief or sorrow of the widow and next of kin, or
(3) The poverty or wealth of the widow and next of kin.

Needless to say this was and is a powerful argument that defendants, their insurers and attorneys make to jurors at the trial of a wrongful death action to limit the amount of damages awarded. Sometimes the only significant loss widows and next of kin sustain is the "grief, sorrow, and mental suffering" associated with the wrongfyl death of a family member.

Continue reading "Illinois Wrongful Death Act Amended" »