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Posts by Nick Meriage

Winter is Coming! It’s Time to Dig out the Immunity Under The Illinois Snow and Ice Removal Act.

With the coming of winter Illinoisans are once again getting their snow shovels and ice melt ready to remove the white stuff from their residential driveways and sidewalks.  The question is, what is a residential property owners’ duty to remove snow? Read more

The Looming Attack on Damage Caps in Missouri Medical Malpractice Cases

The issue of damage caps is an area of ongoing litigation in Missouri.  A new case has just been handed down by the Missouri Supreme Court which provides some clarity on the issue of statutory damage caps on non-economic damages but fails to fully resolve the issue. Currently, Missouri has a $406,800.00 cap on non-economic damages in medical negligence cases not resulting in death and a $711,900.00 cap non-economic damages in medical negligence cases resulting in death.  Mo. Rev. Stat. §538.210 (2015).  The cap increases annually at a constant rate of 1.7%.  The above numbers are current as of January 1, 2016 but will increase again on January 1, 2017.  Read more