News from the Firm – Fall 2012
Quinn Johnston Awarded Contract with GPMTD
Quinn Johnston was recently awarded a contract to provide legal services to the Greater Peoria Mass Transit District (GPMTD), effective October 1, 2012. GPMTD provides transportation services to persons throughout the Greater Peoria area. It currently serves more than 25 shopping centers, two airports, 75 plus schools, four hospitals, multiple walk-in medical clinics, over 25 nursing homes and retirement centers, over 50 apartment complexes, eight golf courses, public swimming pools, theaters, museums and parks in eight communities. Read more about GPMTD at its website, www.ridecitylink.org.
Summary Judgment for Landlord following Home Invasion
Matt Maddox and Chris Galanos obtained summary judgment in a lawsuit alleging that our landlord client was responsible for catastrophic injuries caused to the plaintiff during a home invasion. The court agreed that the plaintiff could not establish that the landlord voluntarily undertook a duty to protect the tenant from criminal actions of third parties simply by promising to repair a broken door lock in the common area of the apartment building, or that he owed a duty to protect the Plaintiff because the rental unit happened to be in a “high crime area.”
Village Entitled to Immunity in Case involving Sledding Accident
Peter Jennetten and Elizabeth Larsen obtained summary judgment for a municipal client in a sledding accident case. The village park contained a hill used by sledders and a baseball field. The court found that the village’s removal of portions of the outfield fence, though not the part the plaintiff struck, was not willful and wanton and that the village therefore was entitled to immunity.
Appellate Court Upholds Summary Judgment
The Fourth District Appellate Court upheld summary judgment in our client’s favor in a case briefed and argued by Jim Borland and Chris Galanos. At issue was the trial court’s finding that our insurance company client did not owe excess underinsured motorist coverage, as a matter of law, when the Plaintiff negligently failed to secure all available coverage from the primary insurer.
Landlord Granted Summary Judgment in Dog-bite Case
Jim Borland and Chris Galanos obtained summary judgment in a lawsuit alleging that our landlord client was negligent in a dog-bite case. The trial court found that Plaintiff had not established that the landlord had any prior knowledge of the dog’s alleged vicious propensity, or that the landlord retained control over the subject premises. The trial court had previously granted our motion for summary judgment with regard to the Plaintiff’s claims under the Animal Control Act.
Article regarding Physician-Patient Relationship
Kevin Miller and Michael Mersot were recently asked to write a Case and Comment article for the Physician Insurers Association of America. Their article discussing the late night telephone call a physician receives on an unknown patient, and whether such a consult creates a physician-patient relationship, appeared in the PIAA’s 2012 Third Quarter edition of “Physician Insurer.”
“And the Defense Wins” Features Medical Malpractice Win in Coles County
The not-guilty verdict Kevin Miller and Adam Chaddock obtained in Coles County in June 2012 for a surgeon and his hospital-employer was recently featured in the Defense Research Institute’s newsletter, “And the Defense Wins.” The DRI often publishes significant or interesting defense verdicts its members obtain. This particular case involved a surgeon who failed to find a patient’s perforated gastric ulcer in an emergency.
Other News
Matthew Smith was recently appointed to the Board of Directors for the St. Jude Midwest Affiliate. St. Jude was the first institution established for the sole purpose of conducting clinical research and treatment into cancer and other childhood diseases.
Quinn Johnston’s newest associate, Angela Baker Evans, recently prevailed in a lengthy bench trial involving a landlord-tenant dispute.
Angela also obtained summary judgment for our client in a lawsuit involving a real estate transaction.
Laura Petersen gave presentations to members of the medical staff and leadership team at Genesis Health System on September 24. The presentation with Janine Mitchell of Illinois Risk Management Services addressed disclosure of adverse events to patients and family members. The presentation covered the philosophy of disclosure, systems nature of error, regulatory requirements and legal protections, and how to make disclosures.
Originally published in the Fall 2012 edition of Quinn Quarterly.