What's Happening?
Bradley M. Cosgrove and Courtney A. Berlin of Clifford Law Offices have authored an article for the Illinois Trial Lawyer Association's Trial Journal, focusing on the evolution of Illinois Jury Instruction
15.01. The article examines the historical context and recent revisions to the instructions, particularly the 2021 update that consolidated proximate cause instructions to reduce confusion. The authors reference the case Johnson v. Advocate Health Hospitals, which highlighted issues with the current instructions. The case is pending potential review by the Illinois Supreme Court, which could provide further clarification on the application of these instructions.
Why It's Important?
The revision of jury instructions is crucial for ensuring clarity and fairness in legal proceedings. The consolidation of proximate cause instructions aims to streamline the legal process and reduce misunderstandings in court. The potential review by the Illinois Supreme Court could lead to significant changes in how proximate cause is instructed, impacting both plaintiffs and defendants in civil cases. Legal professionals must stay informed about these developments to effectively represent their clients and navigate the evolving legal landscape.
What's Next?
The Illinois Supreme Court's decision on whether to review the case will be closely watched by legal practitioners. If the Court grants review, it could lead to further revisions of the jury instructions, providing clearer guidance on the sole proximate cause theory. Attorneys will need to adapt to any changes in the instructions and consider their implications for ongoing and future cases. The outcome could also influence jury instruction practices beyond Illinois, as other jurisdictions may look to these developments for guidance.
