Case law

Evers v. Edward Hospital Ass'n

247 Ill. App. 3d 717 · Appellate Court of Illinois · Jul 9, 1993

The Health Care Act has two main features: (1) it provides legal immunity for physicians engaged in peer review, and (2) it establishes a national clearinghouse to collect information on physicians. … Finally, the hospital notified plaintiff that it declined to determine whether plaintiff was qualified because his application was incomplete.

Bell v. Retirement Board of the Firemen's Annuity & Benefit Fund

398 Ill. App. 3d 758 · Appellate Court of Illinois · Feb 19, 2010

This court has clearly held that Bertucci did not state that it was to be applied prospectively only, nor did it establish a new principle of law. See Coleman, 392 Ill. App. 3d at 388, 911 N.E.2d at 500. … Tonkovic, Bertucci, Hooker, and Coleman all clearly relied on the plain language of section 6 — 140.

Powers v. Delnor Hospital

135 Ill. App. 3d 317 · Appellate Court of Illinois · Jul 24, 1985

With respect to count I, the governing law is well established, though its application to a particular case is not always clear. … be sufficient to defeat Fitzmaurice’s and Smith’s qualified privilege as co-employees at the hospital.

Northwest Disposal Co. v. Village of Fox Lake

119 Ill. App. 3d 546 · Appellate Court of Illinois · Nov 10, 1983

Northwest alleged in its amended complaint that although qualified and the lowest bidder, it was denied a contract for garbage disposal. … We recognize the very limited due process right for unsuccessful bidders as established under the rationale of Three Rivers.

Hillers v. Boylan

233 Ill. App. 3d 3 · Appellate Court of Illinois · Aug 13, 1992

and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. … This added language clearly did not require per diem assessment of the interest penalty. (Kousins, 229 Ill.

Warning v. City of Joliet

974 N.E.2d 954 · Appellate Court of Illinois · Aug 22, 2012

A decision is against the manifest weight of the evidence if the opposite conclusion is clearly apparent. Id. ¶ 34. … The uncontested evidence established that the City’s initial crosswalk installation met the recommended guidelines.

Boner v. Jones

56 Ill. App. 3d 286 · Appellate Court of Illinois · Jan 13, 1978

Charles Brunk, research and test division of the Department of Personnel, testified that the current ranking system to be 25% well-qualified, 30% qualified, 40% minimally qualified, and 5% failure. … Quite clearly, everyone, including the supreme court, was looking only at the tip of the iceberg if in fact anyone recognized it as an iceberg.

People v. Smollett

2023 IL App (1st) 220322 · Appellate Court of Illinois · Dec 1, 2023

Pursuant to Rule 301, Smollett qualified as a nonparty who could have appealed. … Consequently, Smollett cannot demonstrate that the trial court clearly or obviously erred, and therefore, he has not established plain error. See People v.

Aries Healthcare of Illinois, Inc. v. Department of Public Aid

324 Ill. App. 3d 656 · Appellate Court of Illinois · Sep 10, 2001

Scope of Review Procedure •3 Riveredge next argues, even if the deadline bars the information in its September 1999 filing, it should have received DSH status because it submitted, prior to July 1, 1999, “raw data” establishing … Section 148.310(b)(1) clearly provides review only of the Department’s add-on calculation.

McArdle v. Rodriguez

213 Ill. Dec. 709 · Appellate Court of Illinois · Dec 22, 1995

The defendants did introduce some testimony and sought to introduce other testimony to establish that the promotions based on merit were made because some qualifying candidates may do poorly on written examinations, to assure … The commissioner may substitute rankings such as excellent, well-qualified and qualified for numerical ratings and establish eligible lists accordingly.” (Emphasis added.) Chicago Municipal Code § 2 — 74—050(4) (1995).

Hanks v. Mount Prospect Park District

244 Ill. App. 3d 212 · Appellate Court of Illinois · Mar 19, 1993

While the foregoing cases clearly establish that a landowner has a duty to remedy conditions on his property which are dangerous to children, we find them to be inapplicable since there are no allegations here of a dangerous … In addition, the injury here clearly was not caused by a physical defect in the parking lot or the driveway, but instead was caused by an independent factor, the defendant Ursetto.

Towne v. Town of Libertyville

190 Ill. App. 3d 563 · Appellate Court of Illinois · Nov 2, 1989

It cannot be seriously contended that the well-established eminent domain proceedings do not comport with due process. … Since plaintiff never availed himself of the established procedures to determine whether a “taking” had taken place and to establish the just compensation therefor, we must conclude that defendants caused him no deprivation

Alarm Detection Systems, Inc. v. Village of Hinsdale

326 Ill. App. 3d 372 · Appellate Court of Illinois · Dec 12, 2001

The Village is clearly a unit of local government within the meaning of sections 5(15) and 11. … Giving effect to that plain language, we conclude that the Village was immune from any liability under the Antitrust Act.

Giegoldt v. Condell Medical Center

328 Ill. App. 3d 907 · Appellate Court of Illinois · Apr 4, 2002

Generally, however, a hospital’s failure to provide adequate restraints, including bed rails, can only be established by expert medical testimony. Therefore, these cases are treated as medical malpractice cases. … It appears at one point that the trial judge read section 2 — 622 aloud to clearly show what the statute required.

Hansen v. Caring Professionals, Inc.

286 Ill. App. 3d 797 · Appellate Court of Illinois · Feb 20, 1997

Hospitals and other health care facilities contracted with Caring Professionals to obtain qualified nurses to fill temporary vacancies. … The Act does, however, clearly establish a negligent hiring claim by a health facility against the nurse agency. For that purpose, the referred nurse is an "employee” of the agency.

Wernikoff v. Health Care Service Corp.

Appellate Court of Illinois · Sep 28, 2007

When an applicant applies for a policy, defendant's underwriters consider the application and determine whether the applicant qualifies for a policy. … Most significantly, plaintiff cannot establish that he relied on defendant's representations.

Stewart v. Ost

142 Ill. App. 3d 373 · Appellate Court of Illinois · Mar 31, 1986

A motion to dismiss for failure to state a cause of action should not be granted unless “it clearly appears that no set of facts can be proved which will entitle plaintiffs to recover,” and all properly pleaded facts must … Therefore, defendant cannot use his qualified privilege to shield himself from exemplary damages if it is established that he abused the privilege by acting contrary to the interests of the employer.

Manning v. Hazekamp

211 Ill. App. 3d 119 · Appellate Court of Illinois · Mar 28, 1991

Thus, we stated this precluded the City of Urbana from tort liability immunity under the Act. … The evidence established that the “no parking” sign itself was 30.7 feet from the intersection while the first car was parked 36 feet from the intersection.

Board of Education of Indian Prairie School District No. 204 v. Du Page County Election Comm'n.

Appellate Court of Illinois · Jul 15, 2003

Defendants do not, however, attempt to establish the elements of judicial estoppel (see People v. Coffin , 305 Ill. … Moreover, since the abolition of sovereign immunity in this state (see Walker v.

Johnson v. Core-Vent Corp.

264 Ill. App. 3d 833 · Appellate Court of Illinois · Dec 29, 1993

The only exceptions stated in section 13 — 212(a) concern legal disability or fraudulent concealment, exceptions for which Core-Vent does not qualify. … Brush (1973), 53 Ill. 2d 405 , 292 N.E.2d 372 (Tort Immunity Act); Patsis v. Zion-Benton Township High School, No. 126 (1992), 234 Ill. App. 3d 232 , 599 N.E.2d 531 (Tort Immunity Act); Ogg, 121 Ill.