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I am a partner in Freeman Mathis & Gary, LLP’s Chicago office and am the Co-Chair of the…
Articles by Donald Patrick
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Donald Patrick Eckler shared thisHow many defense experts are too many? The Illinois Appellate Court says not necessarily four. In Davis v. Hyderi, the Second District affirmed a defense verdict in a medical malpractice action arising from a diabetic patient's toe amputation following a skin-substitute procedure. The plaintiff argued that the trial court allowed a parade of cumulative defense experts who repeatedly testified that his elevated A1C was not a contraindication to surgery and that the treating physicians complied with the applicable standards of care. The appellate court rejected that argument, emphasizing that each defendant in a multi-defendant malpractice case is entitled to present a defense and expert testimony, even where some opinions overlap. The court found that the experts testified from different specialties, including internal medicine, endocrinology, infectious disease, and podiatry, and that their testimony remained relevant rather than needlessly cumulative. The decision also addresses several recurring trial issues, including motions in limine, expert qualification challenges, the rule of completeness, contributory negligence, and evidence of patient noncompliance with medical recommendations. The court held that evidence of the plaintiff's history of disregarding medical advice was relevant to the defense theory that his own conduct contributed to the infection and eventual amputation. For defense counsel, Davis is a useful reminder that overlap among experts is not automatically cumulative, particularly where multiple defendants and multiple specialties are involved. For plaintiffs, the case underscores the importance of preserving issues in posttrial motions, as the court found the plaintiff forfeited his challenge that the verdict was against the manifest weight of the evidence. The decision is below. My post on the oral argument is below along with Episodes 323 and 326 of the Podium and Panel Podcast where Dan Cotter and I discussed the case. #law #lawyers #appeals #attorneys #civilprocedure
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Donald Patrick Eckler shared thisJessica Sterna presented in White v. Advocate at the last edition of the monthly Lunch and Learn program put on by Chicago office of Freeman Mathis & Gary, LLP. Her presentation is below. The next Lunch and Learn will be on September 24. If you are an insurance professional and would like to attend our remote session, please message me. We offer Illinois CLE and TX and FL CE. #law #lawyers #appeals #attorneys #civilprocedure
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Donald Patrick Eckler shared thisCan a bar escape dram shop liability simply because the driver was below .08? Not necessarily. Indiana's Court of Appeals held in Flynn v. Kenneth Mobley, Inc. that a jury should decide whether a tavern had actual knowledge of a patron's visible intoxication. The driver consumed five drinks in about two hours, then drove the wrong way down a one-way street and caused a head-on collision. Despite a BAC of only .061-.066, evidence of slurred speech, dilated pupils, and alcohol odor created a factual dispute that made it error for the trial court to enter summary judgment for the defendant. The decision is below. My post on the oral argument is below along with Episodes 324 and 326 of the Podium and Panel Podcast where Dan Cotter and I discussed the case. #law #lawyers #appeals #attorneys #civilprocedure
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Donald Patrick Eckler shared this"The point is to get thrown off." That reality was central to the Illinois Appellate Court, Second District decision in Ambrose v. Bullocks. A party guest who fractured her leg after falling from a rented mechanical bull sued the homeowner, arguing the ride was unsafe because of the absence of a guard of the mechanism that actuated the bull. The court disagreed, holding that the risks of riding a spinning, bucking mechanical bull are open and obvious and the plaintiff had no expert testimony on the alleged defective condition. The decision is below. My post on the oral argument is below along with Episodes 324 and 326 of the Podium and Panel Podcast where Dan Cotter and I discussed the case. #law #lawyers #appeals #attorneys #civilprocedure
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Donald Patrick Eckler shared thisTraining of the trial lawyers at Freeman Mathis & Gary, LLP went next level last week as the alumni of our program gathered in Chicago for further development of their trial skills. #law #lawyers #appeals #attorneys #civilprocedure
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Donald Patrick Eckler shared thisThe Power Point presentation that Susan Dimond and I gave at the joint MISSOURI ORGANIZATION OF DEFENSE LAWYERS INC and Illinois Defense Counsel on Friday is below. #law #lawyers #appeals #attorneys #civilprocedure #insurance
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Donald Patrick Eckler shared thisIs a retractable hose at a gas station an open and obvious condition? The Illinois Appellate Court, Second District recently heard argument in Stout v. Costco Wholesale Corp., a premises liability case that asks that question. The case arose after a Costco customer tripped while pumping gas at a self-service station in Mettawa. While fueling her husband's truck on a rainy day, she attempted to step over a long gas hose to return to the vehicle and discuss the price of gas. Her right foot cleared the hose, but her left foot caught it, causing a fall that resulted in significant injuries. Plaintiff contends the hose hung unusually low because of a malfunctioning retractor system. Costco maintains the hose was plainly visible and functioning properly. The Lake County Circuit Court granted summary judgment for Costco, finding the hose was an open and obvious condition and that plaintiff could have taken an alternative route back to her vehicle. On appeal, the parties sparred over several recurring Illinois tort concepts: the open-and-obvious doctrine, the distraction exception, deliberate encounter, and whether courts should focus on the plaintiff's conduct or on what risks a landowner should reasonably anticipate. The panel appeared particularly interested in whether the visibility of the hose ended the inquiry, or whether a jury should decide whether a low-hanging hose created a non-obvious tripping risk. A decision could provide useful guidance on how Illinois courts continue to apply the open-and-obvious doctrine in modern premises liability cases, especially where a condition is visible but the alleged danger lies in its configuration, movement, or operation. The oral argument is in the comments. Dan Cotter and I will discuss the case on the next episode of the Podium and Panel Podcast that will be released today (8/30). #law #lawyers #appeals #attorneys #civilprocedure
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Donald Patrick Eckler shared thisMegan Silver of Teague Campbell and I will present on the North Carolina TPLF statute on a webinar on September 22 at 1pm EST. Preview: the statute doesn't really ban TPLF. Registration is in the comments. #law #lawyers #appeals #attorneys #civilprocedure
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Donald Patrick Eckler shared thisAre school football coaches immune for the exercise of discretion from claims by a student that he was sexually assaulted on a charter bus? Were prior instances of assault time barred? Or could they be considered as part of the alleged knowledge of the school district? Was the conduct willful and wanton to overcome any immunity? Those are the questions presented to the Illinois Appellate Court, Fourth District in Withers v. Byron Community Unit School District 226. The plaintiff's opening brief is below and the oral argument is in the comments. Dan Cotter and I will discuss the case on the next episode of the Podium and Panel Podcast that will be released tomorrow. #law #lawyers #appeals #attorneys #civilprocedure
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Donald Patrick Eckler liked thisHow many defense experts are too many? The Illinois Appellate Court says not necessarily four. In Davis v. Hyderi, the Second District affirmed a defense verdict in a medical malpractice action arising from a diabetic patient's toe amputation following a skin-substitute procedure. The plaintiff argued that the trial court allowed a parade of cumulative defense experts who repeatedly testified that his elevated A1C was not a contraindication to surgery and that the treating physicians complied with the applicable standards of care. The appellate court rejected that argument, emphasizing that each defendant in a multi-defendant malpractice case is entitled to present a defense and expert testimony, even where some opinions overlap. The court found that the experts testified from different specialties, including internal medicine, endocrinology, infectious disease, and podiatry, and that their testimony remained relevant rather than needlessly cumulative. The decision also addresses several recurring trial issues, including motions in limine, expert qualification challenges, the rule of completeness, contributory negligence, and evidence of patient noncompliance with medical recommendations. The court held that evidence of the plaintiff's history of disregarding medical advice was relevant to the defense theory that his own conduct contributed to the infection and eventual amputation. For defense counsel, Davis is a useful reminder that overlap among experts is not automatically cumulative, particularly where multiple defendants and multiple specialties are involved. For plaintiffs, the case underscores the importance of preserving issues in posttrial motions, as the court found the plaintiff forfeited his challenge that the verdict was against the manifest weight of the evidence. The decision is below. My post on the oral argument is below along with Episodes 323 and 326 of the Podium and Panel Podcast where Dan Cotter and I discussed the case. #law #lawyers #appeals #attorneys #civilprocedure
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Donald Patrick Eckler liked thisDonald Patrick Eckler liked thisIn 1717, the French authorities threw a young writer into the Bastille for eleven months, hoping to silence his mockery of the government. Instead, he spent his time in a cell refining his wit and adopted the pen name Voltaire. He spent the rest of his life as a fugitive of thought, often living near international borders so he could escape the police at a moment's notice. He once observed that: "All murderers are punished unless they kill in large numbers and to the sound of trumpets." Voltaire was a master at identifying the moral contradictions that underpin civilization. This particular insight remains a haunting critique of state-sponsored violence. It suggests that our legal and ethical systems are often built not on the sanctity of life, but on the legitimacy of the actor. When a citizen kills, they are a criminal. When a state kills, they are a conqueror. The trumpets and the pageantry are the psychological tools used to differentiate the two and sanitize the reality of conflict.
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Donald Patrick Eckler liked thisDonald Patrick Eckler liked this“If the White House ballroom shows how construction can outrun a court, the Kennedy Center shows the flip side: demolition as leverage,” writes Dan Cotter in today’s column about court stays.Court stays are meant to preserve the status quo — until they don’tCourt stays are meant to preserve the status quo — until they don’t
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Donald Patrick Eckler liked thisDonald Patrick Eckler liked thisWhat is the price per AI-hallucinated authority in an appellate brief? Late last month, the Illinois Appellate Court supplied a costly answer in Scott v. Illinois Human Rights Commission. My latest article for The Brief, published by the Appellate Lawyers Association of Illinois, examines that decision and what it may spell about future fines for legal filings marred by AI. Read it here: https://lnkd.in/gUrNZesj #LegalAI #AppellateLaw #LegalWriting #LegalEthicsAppellate Lawyers Association of Illinois - The Rising Cost of AI-Hallucinated CitationsAppellate Lawyers Association of Illinois - The Rising Cost of AI-Hallucinated Citations
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Donald Patrick Eckler liked thisDonald Patrick Eckler liked thisAnother summer in the books for the Wilson Elser Chicago Professional Liability Team!!! What a spectacular day and what spectacular people. ( Robert Merlo, Jacob Beaupre, Kavi Modi, Alex Levin, Jeffrey L., Miranda Nutt, Michael Habic, Brittany Lawler, Abigail Dibadj, Courtney Wood, Denise Glasson, Dalia Uriostegui, Thalia Rivera, Ariana Arriaga and Josselyn S.nd Josselyn S. and not pictured Alex Shenoo and Madi Syed)
Experience & Education
Publications
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Second Verse Same as the First, A Little Bit Louder and A Little Bit Worse: Recent Developments in the Medicare Secondary payer Requirements
Resolute Management, Inc., Midwest Division
A presentation regarding the three recent cases related to Medicare Secondary Payer Requirements and how to deal with those requirements given the focus on insurers and defendants in satisfying Medicare's interest.
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SLAPP Back: The Citizens Participation as a Reboust Defense to Strategic Lawsuits Against Public Participation
Chicago Bar Association, Civil Practice Committee
A presentation to the CBA Civil Practice Committee regarding the recent developments in the law regarding the Citizens Participation Act, which at the time suggested that the Act would be interpreted broadly and would provide a defense to many claims against speech.
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SLAPP Back: The Citizens Participation Act as a Robust Defense to Strategic Lawsuits Against Public Participation
Chicagoland Chamber of Commerce, Business@Work Newsletter
See publicationAn article regarding the case law regarding the Citizens Participation Act, which at the time, showed an expansive use of the Act would be allowed to curtail actions against speech.
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Thinking of Filing a Defamation Suit? The Citizens Participation Act May Make You Think Twice
CBA Record
A discussion of the Citizens Participation Act in light of the case law at that time which suggested that the Act would be exapnasively interpretated and have broad application.
Other authorsSee publication -
Recent Developments in the Citizen Participation Act
Chicago Bar Association YLS Tort Litigation Committee
A presentation to the CBA YLS Tort Litigation Committee regarding recent cases related to the Citizens Participation Act.
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Issues and Techniques in Early Case Preparation: Defense Perspective
Chicago Bar Association YLS Tort Litigation Committee
See publicationPresentation to CLE put on by Chicago Bar Association addressing issues to be investigated by defense counsel to determine liability, damages, and to explore options to change venue or forum of court to a more favorable location to the defendant.
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Illinois Attorney-Client Privilege: Joint Defense Agreements and the Control Group
Pretzel & Stouffer, Chartered
See publicationIn-house CLE program regarding Illinois' narrow contstruction of the attorney-client privilege in the corporate context and how that effects whether a joint defense agreement should be entered into in Illinois, and if so, what provisions should be included.
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Current Trends in Mortgage Broker Liability
Illinois Mortgage Broker Association
Presentation to the Illinois Mortgage Broker Association regarding recent liability claims against mortgage brokers, how to avoid them, and how to handle them if filed.
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Whole New World of Settling Cases: Medical Liens and Medicare Secondary Payer Requirements
Pretzel & Stouffer, Chartered
In-house CLE regarding the Medicare Secondary Payer Requirements, including the regulations, case law, and manner to handle cases in which the plaintiff is a Medicare beneficiary or potential Medicare beneficiary.
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Rules for Review for Litigation Practice
Pretzel & Stouffer, Chartered
See publicationIn-house CLE presentation regarding the Illinois Code of Civil Procedure and Illinois Supreme Corut Rules and relevant case law interpretating those Rules.
Honors & Awards
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Volunteer of the Year Award
Illinois Association of Defense Trial Counsel
For generous dedication of time, commitment to excellence, and devoted service to the Association and the Defense Bar.
Organizations
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Association of Defense Trial Attorneys
member
- Present -
Professional Liability Defense Federation
Immediate Past President
- Present -
Defense Trial Counsel of Indiana
member
- Present -
Illinois Association of Defense Trial Counsel
Board Member, Chair ofLegislative Committees, and Columnist Civil Practice & Procedure Column of IDC Quarterly
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