• Kirk Hartley

Sole Proximate Cause in Illinois – the Journey Continues

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.


About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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