Case law

Redlin v. Village of Hanover Park

278 Ill. App. 3d 183 · Appellate Court of Illinois · Feb 13, 1996

The Village bases its argument on section 3 — 102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), which provides in part that the Village "has the duty to exercise ordinary care … Following Wagner, Thomas’ claim is not barred by section 3 — 102(a) of the Tort Immunity Act.

Bartkowiak v. City of Aurora

102 N.E.3d 842 · Appellate Court of Illinois · Mar 30, 2018

. ¶ 5 Defendant denied the material allegations and raised the affirmative defenses of contributory negligence and immunity under section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort … Immunity Act) ( 745 ILCS 10/3-102 (West 2010) ). ¶ 6 Following discovery, defendant filed a motion for summary judgment under section 3-102 of the Tort Immunity Act.

Holmes v. Aurora Police Pension Fund Board of Trustees

217 Ill. App. 3d 338 · Appellate Court of Illinois · Aug 9, 1991

Plaintiff also argues that the Pension Board’s proceedings are effectively immune from review and that the Board is improperly using “permanent irrebuttable arguments” that diabetics are unfit to be police officers. … IO8V2, par. 3 — 106) and should therefore be entitled to pension benefits since section 3 — 101 of the Pension Code provides that “the board of trustees *** shall establish and administer a police pension fund *** for the

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.

Guess v. Brophy

164 Ill. App. 3d 75 · Appellate Court of Illinois · Dec 23, 1987

We do not agree with defendants’ contention that they should be subject to the same immunity as the legal profession. … Here, the information which defendants had was clearly of at least some value to plaintiff.

Jerry Clark Equipment, Inc. v. Hibbits

245 Ill. App. 3d 230 · Appellate Court of Illinois · Apr 12, 1993

The general rule established by Moorman is that purely economic losses are not recoverable in a negligence action. … the fraud is gross, or the case presents other extraordinary or exceptional circumstances clearly showing malice and wilfulness.

Costello v. Governing Board of Lee County Special Education Ass'n

252 Ill. App. 3d 547 · Appellate Court of Illinois · Nov 17, 1993

The remaining six defendants are six school districts which established the Association by joint agreement pursuant to section 10 — 22.31 of the School Code (105 ILCS 5/10 — 22.31 (West 1992)). … As amended, section 24 — 11 clearly distinguishes between the rights of teachers employed prior to September 23, 1987, the effective date of the amendatory act, and those employed after July 1, 1987.

Murnighan v. Carden

247 Ill. App. 3d 112 · Appellate Court of Illinois · Mar 31, 1993

The uncontroverted facts in the case at hand more clearly demonstrate that decedent and respondent established a joint tenancy with right of survivorship account at the First State Bank and Trust Company of Park Ridge than … I believe all of this evidence clearly evinces an intent of decedent and respondent to create a joint tenancy with a right of survivorship.

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.

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 -4- 2020 IL App (2d) 190627 section 5 of the Remains Act … 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 that

American Home Assurance Co. v. Golomb

239 Ill. App. 3d 37 · Appellate Court of Illinois · Feb 4, 1993

Accordingly, we find that plaintiff’s conduct, which clearly violated established canons of ethics, warrants forfeiture of his attorney fees.” (Leoris, 150 Ill. App. 3d at 354 , 501 N.E.2d at 904 .) … Licciardi rejected the argument that the Leoris bar on recovery in quantum meruit applied only to fee-splitting cases, relying on the Leoris language that “unprofessional conduct,” and “conduct which clearly violated established

People v. Clifton

342 Ill. App. 3d 696 · Appellate Court of Illinois · Aug 4, 2003

Detective Richardson clearly qualifies as an expert. He testified at trial that he had been a Chicago police officer for 27 years and a gang specialist for 18. … Accordingly, consistent with established precedent, we believe that Richardson’s evidence qualified as expert testimony.

Conner v. Ofreneo

257 Ill. App. 3d 427 · Appellate Court of Illinois · Dec 30, 1993

Ofreneo also stated that Karla’s history was within normal limits, although he did testify that he did not write down her prior immunizations, illnesses or allergies. … Additionally, an expert’s admission that he is not qualified may lead to a finding that the witness, in fact, is not qualified. Landers v. Ghosh (1986), 143 Ill. App. 3d 94 , 491 N.E.2d 950 .

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

In Re Petition of Ill. Judicial Inquiry Bd

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.

People v. Jacquith

129 Ill. App. 3d 107 · Appellate Court of Illinois · Nov 27, 1984

The testimony of a police officer who has been qualified by the court as an expert may well be sufficient. … From our review of the facts in this case, an opposite conclusion is not “clearly evident.”

City of Joliet v. Tuohey

1 Ill. App. 483 · Appellate Court of Illinois · Dec 15, 1877

Appellee was elected city collector for the city of Joliet, in March, 1874, and after qualifying entered upon the duties of his office. … The evidence clearly establishes the fact that the appellee retained as his compensation a much larger amount than he was entitled to.

Doellman v. Warner & Swasey Co.

147 Ill. App. 3d 842 · Appellate Court of Illinois · Sep 23, 1986

The injury referenced in the above passage is clearly that incurred by plaintiff. … Although not sued in tort, appellee herein clearly qualified as a party potentially “liable in tort” for Christopher’s death. (See Doyle v. Rhodes (1984), 101 Ill. 2d 1 , 461 N.E.2d 382 .)

USX Corp. v. White

Appellate Court of Illinois · Mar 1, 2004

If a company qualifies for use of this method, it is required to do so. … Sections 11.50(a)(1) and (a)(2) clearly indicate that the legislature intended that a single surviving corporation remain after a statutory merger.

Central Illinois Light Co. v. Department of Revenue

Appellate Court of Illinois · Feb 7, 2003

CILCO asserted that the coal qualified as part of a pollution control facility, which is specifically exempted under the Act. … However, the administrative law judge clearly stated that her decision was not based on the regulation.