Case law

Biundo v. Bolton

2020 IL App (1st) 191970 · Appellate Court of Illinois · Mar 12, 2021

Saltzberg was not qualified to establish the requirements for a psychiatrist and thus could not impugn any alleged failure by the psychiatrist on the defendants. ¶ 30 Even assuming arguendo that Dr. … Saltzberg, to establish the standard of care. During the trial, Dr.

Weisbrod v. Lowitz

282 Ill. App. 252 · Appellate Court of Illinois · Nov 12, 1935

Considering the evidence as having established that defendants were brokers acting for plaintiff in this transaction, are they amenable to the Illinois Securities Law? … It clearly is aimed at those, who sell stock not qualified. In every transaction of this nature there are' two parties — a buyer and a seller.

Wells & French Co. v. Novak

73 Ill. App. 403 · Appellate Court of Illinois · Feb 14, 1898

stringing wire to the east of that machine, the bull-dozer, could have been done without interfering with the work of the bull-dozer I” The question was objected to on the ground that the witness had not been shown to be qualified … The four witnesses, one of whom appears to be wholly disinterested, are in direct conflict with appellee, and their evidence tends strongly to establish contributory negligence of appellee which would debar his right of recovery

Village of Chadwick v. Nelson

2017 IL App (2d) 170064 · Appellate Court of Illinois · Apr 30, 2018

The trial court rejected Talea’s contention that her farm qualified for immunity under the Act. … For example, the definition in section 2 contains no restrictions on the type or scope of agricultural activity necessary to qualify as a “farm.”

Illinois Judicial Inquiry Board v. Chicago Bar Ass'n

128 Ill. App. 3d 798 · Appellate Court of Illinois · Nov 13, 1984

candidate is qualified.” … Once a qualified privilege is established, the party seeking disclosure must show a “particular need” for the information. Equal Employment Opportunity Com. v.

Sims-Hearn v. Office of the Medical Examiner

Appellate Court of Illinois · Aug 15, 2005

Whether a local governmental entity owes a duty of care and whether that entity enjoys immunity pursuant to the Act are separate inquiries. Arteman v. … A trial court may dismiss a complaint for failure to state a cause of action with no opportunity to replead if it is clearly apparent that no set of facts can be proven which will entitle plaintiff to recovery.

People v. Evans

2016 IL App (3d) 140120 · Appellate Court of Illinois · Sep 16, 2016

He’s told us very clearly he’s not going to answer any more questions. THE COURT: He did answer some questions. … The mere potential for a mistrial is not enough to establish that the trial court abused its discretion.

Swank v. Department of Revenue

336 Ill. App. 3d 851 · Appellate Court of Illinois · Feb 13, 2003

Section 15 — 35 provides that property “used with a view to profit” does not qualify for the exemption. … Plaintiffs cite the burial purposes exemption for the proposition that the legislature has established property tax exemptions favoring for-profit enterprises.

Dark v. United States Fidelity & Guaranty Co.

175 Ill. App. 3d 26 · Appellate Court of Illinois · Sep 8, 1988

The defense of an absolute or qualified privilege to a common law action for libel has long been established in Illinois. … Clearly, plaintiff cannot claim a misnomer here and section 2—616(d) is inapplicable.

Burns v. Lifferth

431 Ill. Dec. 867 · Appellate Court of Illinois · Mar 7, 2019

." ¶ 10 In addition, Heather noted that, with certain qualifiers, she generally agreed that August could take one of the children for an evaluation on possible occupational therapy. … Heather did not clearly agree *876 *1046 to any modifications to summer parenting time or transportation/exchange locations.

The Board of Education of Waukegan Community Unit School District No. 60 v. Orbach

991 N.E.2d 851 · Appellate Court of Illinois · Jun 17, 2013

Orbach contends that the “clearly erroneous” standard applies because this appeal involves a mixed question of law and fact, i.e., one where the historical facts are admitted or established, the rule … Clearly, the CBA, in the present context, concerns itself with a teacher’s “overall rating.”

Savoie v. Town of Bourbonnais

339 Ill. App. 551 · Appellate Court of Illinois · Mar 15, 1950

Therefore, the town could properly claim immunity from the operation of the statute of limitations, and from any prescriptive rights and correlative duties asserted by plaintiff. … Nor has plaintiff cited any other eases establishing such rights on behalf of one who acquires an easement by prescription.

Coley v. Bradshaw & Range Funeral Home, P.C.

2020 IL App (2d) 190627 · Appellate Court of Illinois · Dec 21, 2020

Therefore, Bradshaw clearly knew that it had an obligation to make reasonable efforts to locate Coley under section 5 of the Remains Act (id. § 5), which it did not do. … CONCLUSION ¶ 46 Section 45 of the Remains Act entitled Bradshaw to immunity from Coley’s negligence claim because Bradshaw sufficiently established that it carried out the instructions of North, who represented

Turgeon v. Commonwealth Edison Co.

258 Ill. App. 3d 234 · Appellate Court of Illinois · Mar 21, 1994

Plaintiff concludes that because the Recreational Use Act did not apply, Edison did not have qualified immunity from the ordinary negligence standard and the case should have been presented to the jury under the ordinary … The plain language of the statute clearly includes "water” in its definition of "land.” (Ill. Rev. Stat. 1991, ch. 70, par. 32(a) (now 745 ILCS 65/2(a) (West 1992)).)

Chicago Telephone Co. v. Illinois Manufacturers' Ass'n

106 Ill. App. 54 · Appellate Court of Illinois · Feb 9, 1903

Appellant’s counsel say that the words “ now established ” qualify the words “ telephone service,” and appellees’ counsel contend that these words qualify the word “ rates.” … And for appellant it is said that if the words “ now established ” qualify the word “ rates,” they also qualify the words “ telephone service” as well, and that the clause should therefore be read as if it said, “ the rates

Ono v. Chicago Park District

235 Ill. App. 3d 383 · Appellate Court of Illinois · Sep 18, 1992

App. 3d 903 , 407 N.E.2d 671 , and the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. Stat. 1989, ch. 85, par. 1 — 101 et seq.). … This court concluded that the other instructions given on the whole clearly advised the jury as to the applicable legal principles, and no other instructions were necessary.

In Re Marriage of Earhart

149 Ill. App. 3d 469 · Appellate Court of Illinois · Oct 29, 1986

Damisch’s testimony clearly reveals that he possesses knowledge of pensions beyond that of the average person. … At trial, however, the court had in fact found that Damisch’s credentials and experience failed to establish “the fact [that] he is an expert in pension funds and qualified to give his opinion. *** [H]e has not been shown

Wood v. Illinois Liquor Control Commission

55 Ill. App. 3d 228 · Appellate Court of Illinois · Dec 14, 1977

to allow the sale of liquor, but that a different city ordinance prohibited sale of liquor in this area because the ordinance deemed the area “residential” although it was zoned business; that in the same area four other establishments … State Commission specifically found only that there was a license available, that the applicant was equally qualified with other applicants, and that the local commissioner should have allowed the transfer.

Zimmer v. Village of Willowbrook

242 Ill. App. 3d 437 · Appellate Court of Illinois · Mar 12, 1993

Stat. 1991, ch. 110, par. 2 — 619), finding that plaintiffs’ cause of action was time barred by section 8 — 101 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (111. Rev. … If, on remand, plaintiffs properly establish the culverts to be an improvement, then section 13— 214(a) will apply.

Girsberger v. Kresz

261 Ill. App. 3d 398 · Appellate Court of Illinois · Dec 27, 1993

Kresz proposed that he and plaintiff enter into a partnership in Chicago, where Kresz had established operations. … However, in the corporate resolution terminating plaintiff’s employment, it is a statement that clearly accuses the plaintiff of a want of integrity in the discharge of the duties of employment.