Chicago Accident Law Blog

Illinois motorcycle accident attorneys should always be creative when analyzing the potential areas of recovery for their clients. According to the U.S. Dept. of Transportation (DOT) there were 7.1 million motorcycles on the road in the U.S. in 2007. Sales of all two wheelers in the U.S. was 1,087,000 in 2008.

Motorcycles are by their very nature far less crashworthy than closed vehicles and crashes frequently result in catastrophic injuries or death. They are also less visible to other vehicles and pedestrians and less stable than four wheel vehicles. Motorcyclists and their passengers are more vulnerable to the hazards of weather and road conditions than drivers in closed vehicles. According to the DOT 5,154 people died in motorcycle crashes in 2007 and motorcycles are 35 times more likely than passenger car occupants to die in crashes per vehicle mile driven in 2006, and 8 times more likely to be injured according to the DOT'S National Highway Traffic Safety Administration (NHTSA).

In a recent case I successfully represented the estate of an 18 year old male in a wrongful death lawsuit alleging negligent entrustment against the decedent's friend who let him ride his "supersport" motorcycle also known as a "pocket rocket" despite the decedent's lack of experience and licensure to operate a motorcycle. Determining whether there may be a potential claim for negligent entrustment require a careful reading of the Illinois Supreme Court's opinion in Zedella v. Gibson, 165 Ill. 2d 181, 186, 650 N.E. 2d 1000, 1003 (1995).

In Zedella, the Illinois Supreme Court adopted Section 308 of the Restatement of Torts (Second) which provides:

It is negligence to permit a third person to use a thing or engage in an activity which is under the control of the actor, if the actor knows or should know that such person intends or is likely to use the thing or to conduct himself in the activity in such manner as to create an unreasonable risk of harm to others.

The testimony indicated that these recent high school graduates had never operated a motorcycle before, much less a motorcycle that was described in testimony as the fastest production motorcycle available.

Section 390 of the Restatement of Torts (Second) was adopted in Illinois by the court in Small v. St. Francis Hospital, 220 Ill. App. 3d 537, 542, 581 N.E. 2d 154, 158 (1991), and it states:

One who supplies directly or through a third person a chattel for the use of another whom the supplier knows or has reason to know to be likely because of his youth, inexperience, or otherwise, to use it in a manner involving unreasonable risk of harm to himself and others whom the supplier should expect to share in or be endangered by its use, is subject to liability for physical harm resulting to them.

These "pocket rockets" should only be used by or lent to motorcyclists with a high degree of training and who possess all necessary licenses.

Continue reading "Illinois Motorcycle Accident Attorneys Need Creativity" »

As an Illinois lawyer representing victims of childhood sexual abuse I was pleased with the recent ruling in Doe v. Hinsdale Township High School District, 388 Ill. App. 3d 995, 905 N.E. 2d 343 (2009). In Doe, a female high school student brought action for personal injuries based upon childhood sexual abuse against school, principal, and superintendent. The trial judge in Du Page county dismissed student's claims against school, principal and superintendent based on the Illinois Tort Immunity Act, 745 ILCS 10/8-101, ruling that a suit against the school or any of its employees must be brought within the one year statute of limitations for suits against governmental entities or their employees. The issue on appeal was whether the one year statute of limitations for governmental bodies and their employees governed this action or whether the five year statute of limitations for Childhood Sexual Abuse, 735 ILCS 5/13-202.2 applied.

The Appellate Court in Doe, stated:

In resolving which statute apples, we note that the cardinal rule of statutory construction is to ascertain and give effect to the legislature's intent.

905 N.E. 2d at 347. The reviewing court concluded that:

In this case, section 13-202.2(b) of the Code (735 ILCS 5/13-202.2(b) begins with the language "notwithstanding any other provision of law." In using this language, the legislature clearly intended section 13-202.2 of the Code to control over other provisions of law, such as section 8-101 of the Tort Immunity Act, which would otherwise bar the plaintiff's action.

905 N.E. 2d at 348.

This ruling is a clear victory for victim's of childhood sexual abuse in that it does not limit to one year the time frame a victim can sue a governmental employee or governmental entity regarding any duties they may have to children under their care and supervision for sexual abuse by others they employ or control. This decision while respecting the statutory language, also furthers the legislative intent in allowing children adequate time to assess the damage done to them by the pedophile. From a practical standpoint it is frequently only the employer of the pedophile who can pay damages to the sexually abused victim. Further, it provides a clear incentive for schools or other organizations that deal with children on a regular basis to have a clear set of guidelines for what is and is not appropriate relationships between children and their teachers, coaches or others who interact with them on a regular basis. The bottom line is that this decision will insure that school districts, park districts, and others dealing with children will have to be vigilant regarding the screening and monitoring of the individuals who came into contact with the children that have been entrusted to their care. This is a good thing!