By: Eddie Hettel

The Illinois Supreme Court’s decision in Peach v. McGovern clarifies that expert testimony is not required to admit post-accident vehicular photographs. Previously, Appellate Courts had differing opinions as to whether a party was required to present expert testimony about a photograph before it was admitted into evidence.

The Court held that photographic evidence is admissible if it has a reasonable tendency to prove or disprove a material fact at issue in the case but may be excluded when irrelevant or immaterial or if its prejudicial nature outweighs its probative value. Peach v. McGovern, 2019 IL 123156, ¶ 27. In deciding the admissibility of post-accident vehicular photographs, trial courts must determine whether the photos make the resulting injury to the plaintiff more or less probable and whether the photos may be relevant with regard to impeachment. See id.

A recent study revealed that app-based rideshare services account for a three percent annual increase in traffic-related fatalities. This translates to roughly 987 traffic-related fatalities each year resulting from rideshare services such as Uber and Lyft.

Although many supporters of the rideshare industry note the perceived benefits such as a possible decrease in drunk driving and added convenience to riders, the numbers tell a more startling story. Aside from the numerous assaults that occur each year in Ubers and Lyfts, data reveals that these services have also made our roadways less safe.

Rideshare services increase the number of people on the road for several reasons: 1) there are more drivers on the road, and 2) people who would otherwise have taken public transportation, walked, or biked are choosing rideshare services. Data reveals that after the introduction of ridesharing, traffic fatalities steadily increased as our roads become crowded with more vehicles.

 Manufacturers of prescription drugs often claim that they cannot provide a warning label in accordance with state law because the changes would be prohibited by federal law, a defense known as impossibility preemption. Impossibility preemption is a situation where compliance with both federal and state regulations is a physical impossibility for one engaged in interstate commerce.

In Wyeth v. Levine (2009), the U.S. Supreme Court held that drug manufactures who claimed impossibility prevention were required to produce “clear evidence” that the FDA would have prohibited their additional warning as required under state law. This ruling lacked a strong test to determine what “clear evidence” meant, which caused confusion and allowed drug manufacturers to bring forward weaker claims of impossibility preemption.

The Merck Sharp & Dohme Corp. v. Albrecht decision in May of 2019 provides those injured by prescription drugs with much-needed clarity in combatting a claim of impossibility preemption. The Supreme Court stated that “the possibility of impossibility” is not enough, meaning that it is not sufficient to say that it was “possible” that state and federal law were in conflict. Under Merck, drug manufacturers claiming impossibility preemption must now provide clear evidence of an actual conflict between state and federal law that makes it impossible to comply with both.

Lyft is facing waves of lawsuits alleging that the ride hailing giant has failed to adequately protect its passengers and has ineffectively responded to reports of sexual assault. On Wednesday, September 4th, 2019, a lawsuit was filed in California state court on behalf of 14 women who say they were raped or sexually assaulted by their Lyft drivers in 2018 and 2019. The ride-hailing giant was more recently hit with five additional lawsuits filed by women who allege that they have been raped or sexually assaulted. These women are not alone – Lyft received nearly 100 complaints of sexual assault against its drivers in California alone between 2014 and 2016. 

The suit alleges that Lyft often fails to report these crimes to police, and it has adopted policies to silence victims who report their experiences. “Lyft has made a concerted effort in the media, in litigation and in criminal cases to hide and conceal the true extent of sexual assaults that occur in their vehicles,” the complaint says. 

One victim, a 33-year-old mother of five who suffers from blindness, relied on Lyft to get her safely to and from the grocery store. She was raped in her home after her driver carried her grocery bags inside, despite her protests. She reported her assault to Lyft and was asked to share details of the assault with a male representative. She stated, “It felt like I was being assaulted again.” Lyft sent a follow-up email in which the employee merely wrote that he was “so sorry to hear about this awful experience” and could “definitely understand why this made you feel unsafe and uncomfortable.” 

Several more cases of Legionnaires Disease have been confirmed at a retirement community, Convenant Living at the Holmstad in Batavia, Kane County, Illinois. According to a news release from the Kane County Health Department, the retirement community is notifying residents, the residents’ identified contact, and staff after four more cases were confirmed. These 4 individuals are among the 251 which have been confirmed to date this year.

Legionnaires’ disease is a serious lung infection that people can get by breathing in small droplets of water containing Legionella bacteria. LD and Pontiac Fever (a less severe infection caused by the same type of bacteria) may also be called “legionellosis.”  The bacterium grows and spreads in human-made water systems. Officials with the Kane County Health Department said there are four more cases and that they are closely monitoring this situation.

Following exposure to the bacteria, the onset of symptoms is usually between 2-14 days. Symptoms of illness may include coughing, shortness of breath, fever, muscle aches, and headaches. People 50 years of age or older are at an increased risk of Legionnaire’s disease. Some studies indicate that more than a quarter of LD diagnoses are fatal. LD, also referred to as Legionella pneumonia, has several life-threatening complications, which include, but are not limited to, the following: