Illinois Supreme Court· 6/19/2008
Wills v. Foster
Citations
- 892 N.E.2d 1018
- 229 Ill. 2d 393
- 323 Ill. Dec. 26
- 2008 Ill. LEXIS 629
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the collateral source rule bars evidence that a plaintiff’s losses have been compensated by insurance, even to establish reasonable value of medical services
- finding that where the plaintiff was entitled to seek and recover the reasonable value of her medical expenses, her recovery was not limited by the amount paid by insurance
- noting that “The legislature has modified the collateral source rule in section 2-1205 and 2-1205.1 of the Code of Civil Procedure,” which were not at issue in Willis.
- finding that where the plaintiff was entitled to seek and recover the reasonable value of her medical expenses, - 4 - her recovery was not limited by the amount paid by insurance
- benefit of the bargain approach “undermines the collateral source rule by using the plaintiff s relationship with a third party to measure the tortfeasor’s liability”
- “A benefit that is directed to the injured party should not be shifted so as to become a windfall for the tortfeasor.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Thomas
Read full opinion on CourtListenerCited by
47 cases in this archive cite this case; the 20 most cited are listed.
- Aaron Glenn Haygood v. Margarita Garza De EscabedoTexas Supreme Court· 2011-07-01· cited 160×
- Howell v. HAMILTON MEATS & PROVISIONS, INC.California Supreme Court· 2011-08-18· cited 116×
- Lewis v. Lead Industries Ass'nIllinois Supreme Court· 2020-05-21· cited 99×
- Customer Data SEC. Breach Litig. Melissa Alleruzzo v. Supervalu, Inc. (In Re Supervalu, Inc.)Eighth Circuit· 2019-05-31· cited 92×
- GOWENS v. BARSTOWSupreme Court of Oklahoma· 2015-12-15· cited 75×
- White v. Jubitz Corp.Oregon Supreme Court· 2009-10-15· cited 58×
- Wilson v. IHC Hospitals, Inc.Utah Supreme Court· 2012-07-20· cited 50×
- Swanson v. BrewsterSupreme Court of Minnesota· 2010-06-30· cited 36×
- Martinez v. MILBURN ENTERPRISES, INC.Supreme Court of Kansas· 2010-06-04· cited 36×
- Jean Dedmon v. Debbie SteelmanTennessee Supreme Court· 2017-11-17· cited 32×
- Scott v. GarfieldMassachusetts Supreme Judicial Court· 2009-09-15· cited 30×
- Aumand v. Dartmouth Hitchcock Medical CenterD. New Hampshire· 2009-05-01· cited 29×
- Stayton v. Delaware Health CorporationSupreme Court of Delaware· 2015-06-12· cited 28×
- Law v. GriffithMassachusetts Supreme Judicial Court· 2010-07-20· cited 23×
- John N. Kenney v. Samuel C. ListonWest Virginia Supreme Court· 2014-06-04· cited 21×
- Tower Automotive v. Illinois Workers' Compensation CommissionAppellate Court of Illinois· 2011-01-31· cited 17×
- Jefferson v. Mercy Hospital & Medical CenterAppellate Court of Illinois· 2018-04-27· cited 14×
- Tri-County Equipment & Leasing, LLC v. KlinkeNevada Supreme Court· 2012-06-28· cited 14×
- Smith v. KinninghamColorado Court of Appeals· 2013-07-03· cited 13×
- Weston v. AKHappytime, LLCAlaska Supreme Court· 2019-08-02· cited 13×
Cites
36 cases in this archive are cited by this case; the 20 most cited are listed.
- Texarkana Memorial Hospital, Inc. v. MurdockTexas Supreme Court· 1997-07-09· cited 238×
- Robinson v. BatesOhio Supreme Court· 2006-12-20· cited 173×
- Wilson v. Hoffman Group, Inc.Illinois Supreme Court· 1989-10-25· cited 156×
- Bozeman v. StateSupreme Court of Louisiana· 2004-07-02· cited 131×
- Moorhead v. Crozer Chester Medical CenterSupreme Court of Pennsylvania· 2001-01-29· cited 112×
- Peterson v. Lou Bachrodt Chevrolet Co.Illinois Supreme Court· 1979-06-26· cited 112×
- Arthur v. CatourIllinois Supreme Court· 2005-07-21· cited 95×
- Hanif v. Housing AuthorityCalifornia Court of Appeal· 1988-04-21· cited 95×
- Acuar v. LetourneauSupreme Court of Virginia· 2000-06-09· cited 89×
- Murray Grayson and Southern Freightways, Inc., a Corporation v. Earold E. WilliamsTenth Circuit· 1958-05-21· cited 69×
- Baptist Healthcare Systems, Inc. v. MillerKentucky Supreme Court· 2005-08-25· cited 68×
- Bynum v. MagnoHawaii Supreme Court· 2004-12-02· cited 61×
- Schickling v. AspinallSupreme Court of Virginia· 1988-06-10· cited 55×
- Brandon HMA, Inc. v. BradshawMississippi Supreme Court· 2001-10-11· cited 53×
- Dyet v. McKinleyIdaho Supreme Court· 2003-12-04· cited 53×
- Ellsworth v. SchelbrockWisconsin Supreme Court· 2000-06-22· cited 52×
- Papke v. HarbertSouth Dakota Supreme Court· 2007-08-15· cited 51×
- Bennett v. HaleyCourt of Appeals of Georgia· 1974-06-18· cited 51×
- Haselden v. DavisSupreme Court of South Carolina· 2003-03-24· cited 47×
- Olariu v. MarreroCourt of Appeals of Georgia· 2001-02-23· cited 46×
Other cases named Wills v. Foster
3 other CourtListener records share this case name.
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