Car Accident – Steven J Morton & Associates, LTD https://sjmlaw.com Attorneys Who Get Results for Accident Victims in Illinois Mon, 28 Nov 2022 17:28:06 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.2 https://sjmlaw.com/wp-content/uploads/2022/11/cropped-Favicoon-32x32.png Car Accident – Steven J Morton & Associates, LTD https://sjmlaw.com 32 32 End Distracted Driving! https://sjmlaw.com/2015/12/13/end-distracted-driving/ https://sjmlaw.com/2015/12/13/end-distracted-driving/#respond Sun, 13 Dec 2015 21:53:00 +0000 https://sjmlaw.com/?p=2336 Distracted driving—the process of driving a motor vehicle while engaged in another activity, such as using a cell phone or other electronic device—is a dangerous and growing problem. Attorney Joel Feldman, whose daughter Casey was killed in a distracted driving incident, has established the excellent website EndDD—End Distracted Driving to raise awareness about this issue.

“Just a Few Seconds,” a public service announcement prepared by Feldman, recounts the story of 17 year-old Kate McGuire, whose distracted driving killed 61 year-old grandfather Howard Stein. It is one of the first distracted driving videos to feature both the driver in question and the family of the victim.

See below for a link to EndDD’s press release.

EndDD press release: http://www.enddd.org/enddd-in-the-news/justafewseconds/

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Rescue Doctrine Fails in Death of Good Samaritan Nurse https://sjmlaw.com/2012/08/17/rescue-doctrine-fails-in-death-of-good-samaritan-nurse/ https://sjmlaw.com/2012/08/17/rescue-doctrine-fails-in-death-of-good-samaritan-nurse/#respond Fri, 17 Aug 2012 13:52:00 +0000 https://sjmlaw.com/?p=2379 On March 3, 2007, nurse Brenda Reed was driving north on Route 26 near Freeport, Illinois, when she saw a car driven by Susan E. Ault lose control on an icy road and spin into a ditch. Reed pulled over and stopped to check on Ault. Shortly thereafter, driver Ellen Morrison allegedly lost control of her own vehicle and caused a collision that killed Brenda Reed while she was trying to help Ault.

Allan Reed, as independent administrator for Brenda Reed’s estate, sued Susan Ault under the “rescue principle.” This principle states that when a person’s negligence has placed himself or a third party in peril, and another person voluntarily attempts to save the life or secure the safety of the first person and is injured in the attempt, the good samaritan may sue the negligent and imperiled person for injuries arising from the rescue attempt.

At issue in the present case was the appropriateness of jury instructions stating that Reed must prove that Ault’s negligent act placed Ault herself “in a position of imminent peril or danger” for the rescue doctrine to apply. The trial jury concluded that Ault, after spinning off the road, was not necessarily in such a condition, and that therefore the rescue doctrine didn’t come into play. Reed appealed.

The Illinois Appellate Court upheld the appropriateness of the jury instructions and the discretion of the trial court judge in giving them. While the acts of good samaritans are always welcome, those they rescue are legally liable to them only when the peril to the endangered party is clearly imminent.

(Source: Chicago Daily Law Bulletin, Vol. 158, No. 152, August 3, 2012)

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