An unusual lawsuit from Granite City filed by Thomas Dodd involves tort claims but also brings up questions of family law; as reported by The Madison Record. Mr. Dodd, who is divorcing his wife Carol Dodd, is also suing her for fraud after she allegedly forged his signature and cashed out an investment that was solely in his name.
But here's where the "bizarre set of facts," as Madison County Circuit Judge Barbara Crowder worded it, comes in: Mr. Dodd claims his wife left him in a bathtub without food for two days after he fell and became injured.
Mr. Dodd claims that Ms. Dodd had a duty to help him after he fell and became immobile; by virtue of their marriage. But Ms. Dodd's attorney, Illinois family law attorney Alexander Wilson, argued that Illinois law does not recognize any special obligation of spouses.
Any divorce attorneys in Chicago care to tackle that one?
Judge Crowder also expressed surprise at the negligence (failure to render aid) count when addressing plaintiff's counsel:
"That's the one I have the most questions about. There's no good Samaritan duty is there?"
Mr. Dodd's attorney, Thomas Burkart, told the judge that his client's wife had helped him in the past when he'd fallen and he "could not conceive of a statute excusing a wife aiding a stricken husband." Basically, his argument was that she had an obligation to rescue Mr. Dodd if she had the opportunity to do so.
Agreeing somewhat with Mr. Burkart, Judge Crowder acknowledged the unusual nature of this case:
"How often do you have a person fall in a bathtub and stay there for two days when there's another person in the house who refuses to help?"
It will be interesting to see how this case turns out.
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