The journey continues in Illinois on “sole proximate cause.” In Madison County, an ongoing trial presents contested issues regarding “sole proximate cause” in the context of asbestos litigation. The case is described in a February 15, 2017 article at Madison-St. Clair record.
The journey also is ongoing in more general cases at the appellate level. The Supreme Court of Illinois last week issued a decision on FELA and sole proximate cause in Wardwell v. Union Pacific Railroad, which is online here. The case involved an automobile wreck involving a drunk driver. Not surprisingly, the Court held the jury could find the drunk driver was the sole cause of the wreck. Perhaps most interesting is the special concurrence, which addresses jury instructions for FELA cases.
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