Personal Injury Litigation Defense

Hello everyone!

I have some confusion that I'm trying to sort through and could use some guidance.

My son (6 at the time) was injured in a fall while at my parents house two years ago. He was six at the time. My son has since healed and is OK. My parents were present and so was I. My son and I were invited over. I'm divorced w/Joint Legal Custody. I hope that sets the stage properly.

My ex wife hires attorney who makes a claim with my parent's insurance company. The make offer and it was denied by the attorney. Attorney filed suit against my parents in Cook County, IL. Their insurance company hires defense attorney for them. My parents insurance company or attorney via the attorney files third party complaint against me for contribution. I contact my insurance company to defend me. They investigate and then deny coverage based on exclusion that my son meets the definition of a named insured. I am alone on this cause of action. I filed a motion to dismiss citing Foley v Foley case law and claim that I can't be named in this suit by first or third party (also, third party complaint had wrong address of occurence). Judge did not read my motion. I had to speak and attempt to convince the judge (which never goes well). At court on today's motion, my parent's attorney stated that there is case law from IL from 1993 that states I can be named as a third party defendant. Judge strikes my motion.

I'm at a loss here. I feel like there is something I'm missing in getting myself out of this lawsuit.

Is there something I can do to get my insurance company to reconsider and defend me? If necessary, I could file a department of insurance complaint but based on what? If the insurance company will not defend me, can I file suit against them for not offering me coverage that would protect me in this event? If so, is this a class action situation?

I think my inclusion in this lawsuit sets a dangerous precedence for divorced dads.

Pro se doesn't work in reality.

Provide more information regarding the terms of the lawsuit. What are you and your parents being sued for? Negligence? Was it a forseeable accident that you or they could have predicted and thereby avoided?

I do not see how your insurance company has any culpability in this. Also, there is no law that says they must offer every customer every type of insurance available. It is your responsibility to investigate and buy insurance accordingly.

Although without more details it is hard to be precise, I suspect that you are named as a party because you have joint custody and were responsible for him at the time this accident occurred (i.e. duty of care). I am curious as to the grounds your wife is using to collect. Is it for the sons medical bills? Pain and suffering? What grounds are named in the lawsuit? And are those grounds different in the part of the suit that names you and names them?

What did your motion say--the one the judge didn't read--and what reason did he give, if any, for not reading it?

Yes the lawsuit states it was negligence. Negligent supervision.

I had him in my custody for the half of the summer.

Yes, pain, suffering, medical bills...the usual. It's pretty much a boiler-plate lawsuit for a minor child's injury.

My motion cited Foley v Foley case law and claim that "I can't be named in this suit by first or third party" (also, I stated that third party complaint had wrong address of occurence). I believe it was well written but apparently not well presented and now I realize that it wasn't researched good enough either.

In the umpteen times I've been to court since 2002 with divorce related issues and now personal injury issues, no Judge has ever saw fit to explain anything to me. (As a side note, I have watched judges in Cook County give detailed explanations to divorced moms) Unless the judge read my motion before court, I don't know, but he certainly didn't read it at court, he didn't even look at me.

I have given basic facts but I guess the real question is this: Is there some case law in Illinois that I can use to dismiss this suit based on my relationship to the other parties? Is there some way that I can get my insurance company to defend me?

This judge will not let me play a technical law game here as he demonstrated to strike a motion that clearly shows the wrong address in the complaint so I guess I'm not sure how more facts pertaining to the written documents would help.

Thanks.

So many things come to mind while reading your post. First of all, Illinois case law ( and case law in virtually ANY state) SUPPORTS your "relationship" to the other parties. Now, if you had merely been a guest in your a friends home and a child ( not yours ) got hurt, you could not be sued unless you had a duty of care which you failed to exercise. Explain how you feel you AREN'T responsible for your son and the fact that he was injured. Guide me through the steps you walk through to arrive at the fact that you aren't responsible. And, if you aren't responsible, who is?

Secondly, you need to distinguish between legitimate points of dissent that have merit and those that do not. The wrong address is clearly nothing more than a clerical error. To toss that into the melee says to the judge, "I have nothing more appreciable on which to hang my hat."

Thirdly, I don't believe there IS such an animal as an insurance policy that keeps you from being responsible if your child is hurt while under your supervision. Have you ever heard of such a thing? I have not.

Fourth, I want to play devils advocate for a moment by asking you a few questions. The first question is who do you think is responsible for the fact that the child sustained an injury? Who do you think is the party who is primarily at fault? Secondly, who do you believe should pay for the medical bills, etc.?

Lastly, I agree with your position that judges summarily dismiss fathers as being largely irrelevant when it comes to court, especially those that do not have legal representation. Many judges also, instead of appreciating those with the fortitude and focus who attempt to represent themselves, actually are prejudicial to those they feel are "playing law". Of course, I do not agree, but in some ways, it is not unlike the Internet, where people who have never darkened the door of a law school in their entire life sit and dole out (often alarmingly incorrect) advice day after day. Perhaps the judge is just weary, year after year of seeing people HE feels are not taking jurisprudence seriously enough to either go to school and learn it, or hire an attorney who does know it. Just a guess.

In any regard, please, if you don't mind, answering my questions regarding who you feel IS responsible for your childs being injured. Oh, and I have no idea what Foley v. Foley is--which court ruled on this case? Provide the rest of the indentifying information so I can look it up, please.

Just a quick suggestion here: I certainly wouldn't waste the court's time (especially in Cook County) w/either 'technical law games' or documents w/incorrect information (that address you mentioned.) Insurance companies typically can't provide legal representation and from your previous posts, it appears you've already been "through the wringer." I'd hate to see you inadvertently antagonize a judge and end up with even more expenses due to lack of qualified legal representation. I've forwarded some suggestions via private message above, and am repeating an obvious one here: Seek an attorney there in Cook County before you get in any deeper.

Good luck.

hi

A personal injury law, specifically called a "tort" law is intended for people who have been harmed due to the negligent or wrongful actions of others.

Whether the wrongful actions were intentional or not, personal injury victims may be able to seek compensation with the help of a Kentucky personal injury lawyer.