Case law

Toftoy v. Rosenwinkel

2011 IL App (2d) 100565 · Appellate Court of Illinois · Nov 17, 2011

We conclude that they did not and that, therefore, the Act’s immunity provision is not triggered. … If the legislature intended to condition the Act’s qualified immunity on alterations in the “character” of the surrounding area, and not on “any” changed conditions in the surrounding area, it could have expressed

Chem-Pac, Inc. v. Simborg

145 Ill. App. 3d 520 · Appellate Court of Illinois · Jun 17, 1986

Defendants also claim that Joseph Ray Manz was not qualified to testify about damages. Whether one is qualified to testify as an expert witness is a determination that is within the discretion of the trial court. … Clearly, this is not the intent of the rule. In Exchange National Bank v. DeGraff (1982), 110 Ill.

Collins v. Retirement Board of the Policemen's Annuity & Benefit Fund

407 Ill. App. 3d 979 · Appellate Court of Illinois · Feb 10, 2011

a civilian employee, did not qualify for credit as prior other service. … of law as applied to the established facts is or is not violated.

People v. Jackson

145 Ill. App. 3d 626 · Appellate Court of Illinois · Jun 27, 1986

The court held that this experience qualified the investigator as an expert, and citing People v. Lamprey (1979), 79 Ill. … The court opined that a grant of immunity or a plea bargain received by a witness is not sufficient reason for an accomplice’s testimony to be disbelieved, especiaUy where a jury has resolved the credibility issue by its

Smith v. West Suburban Medical Center

Appellate Court of Illinois · Jan 21, 2010

(West 2006)), he was immune from liability under various provisions of that statute. Also on May 1, 2007, Triton filed its answer to count I of Smith’s complaint. … In construing a contract, this court is guided by the following well-established principles. When interpreting a contract, a court’s objective is to ascertain and give effect to the intent of the parties. Carey v.

People Ex Rel. Hartigan v. Dynasty System Corp.

128 Ill. App. 3d 874 · Appellate Court of Illinois · Nov 15, 1984

The eradication of such fraudulent schemes is clearly a legitimate and important State interest. … Under the doctrines of sovereign immunity and public officials’ immunity, the defendants are barred from recovering monetary damages. (Ill. Rev. Stat. 1983, ch. 127, par. 801; People ex rel. Scott v.

County of Lake v. La Salle National Bank

76 Ill. App. 3d 179 · Appellate Court of Illinois · Sep 21, 1979

“Customary” is defined in dictionary terms: agreeing with custom, commonly practiced, used or observed or established by common usage. … maintenance of a house trailer on defendants’ golf course as sleeping quarters for groundskeepers qualifies as a valid accessory use under the Lake County zoning ordinance.

Palmer v. Chicago Park District

277 Ill. App. 3d 282 · Appellate Court of Illinois · Dec 28, 1995

The court should not dismiss a complaint under section 2 — 615 unless it clearly appears no set of facts could be proved under the pleadings that would entitle plaintiff to relief. (Johnson v. George J. … Section 3 — 106 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) states that a local public entity, such as defendant Chicago Park District, is not liable for an injury on public

Nichols v. Fahrenkamp

113 N.E.3d 1183 · Appellate Court of Illinois · Jul 9, 2018

¶ 23 As noted in the majority opinion, while alluding to both qualified and absolute immunity of attorney Fahrenkamp, as plaintiff’s guardian ad litem, the majority concludes that attorney Fahrenkamp is not entitled … ¶ 25 The majority’s disposition denying any form of immunity, absolute or quasi-qualified, runs counter to sound authority and reads Vlastelica v. Brend, 2011 IL App (1st) 102587, too narrowly.

Braswell v. New York, Chicago & St. Louis Railroad

60 Ill. App. 2d 120 · Appellate Court of Illinois · Jun 3, 1965

That is clearly what he' intends for you to believe. I see no reason to hem and haw around about it.” The substance of the letter from Dr. … Gross, after being qualified as an expert witness, testified that at the request of the Federal Social Security Agency, he examined plaintiff-in 1959 to determine if plaintiff qualified as disabled.

People v. Williams

120 Ill. App. 3d 244 · Appellate Court of Illinois · Sep 7, 1983

Grant’s statement was clearly corroborated by other evidence. The statement was also clearly against his interest. … Grant himself was in custody and therefore was available for cross-examination, although a grant of immunity for these proceedings might have been necessary.

Alter v. Starbucks Corp.

306 Ill. Dec. 873 · Appellate Court of Illinois · Oct 10, 2006

In holding that sovereign immunity did not shield the State-employed physician from immunity, the Kiersch court stated, “[T]he duty plaintiff alleges that defendant breached in this case arose independently of her State employment … This language clearly indicates that the Agreement was not intended to make the University liable for all matters arising out of its operation of the Starbucks store.

People v. Clifton Modified Pursuant to Supervisory Order

Appellate Court of Illinois · Aug 3, 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.

People v. English

2014 IL App (1st) 102732-B · Appellate Court of Illinois · Aug 11, 2014

court incorporated “by reference the evidentiary hearing on the other case, [the Lewis murder].” ¶ 30 This court affirmed the trial court’s denial of leave to file, finding English’s petition failed to establish … To qualify as newly discovered evidence, the evidence must have been unavailable at trial and could not have been discovered sooner through due diligence. Morgan, 212 Ill. 2d at 154.

Tzakis v. Berger Excavating Contractors, Inc.

2019 IL App (1st) 170859 · Appellate Court of Illinois · May 30, 2019

We agree with defendants that Coleman clearly established a new principle of law. … resolution was not clearly foreshadowed.”

Letourneau v. Department of Registration & Education

212 Ill. App. 3d 717 · Appellate Court of Illinois · Apr 3, 1991

So there clearly is no evidence to support the finding *** that Letourneau has lived in Florida since 1980.” … Raymond Rocke, testifying under a grant of immunity, said he had performed security work for the company under Rizzo as “boss.”

Anderson v. First American Group of Cos. Modified on Denial of Rehearing - replaces opinion filed 9/27/04

Appellate Court of Illinois · Nov 8, 2004

of law as applied to the established facts is or is not violated. … We believe that plaintiff qualifies as an “employee” under the Fee Act.

In re Arthur H. Jr.

Appellate Court of Illinois · May 12, 2003

CURRIE: I just wanted to indicate he was a part of this family and that normally he was in mom's custody and care, but--I can-- THE COURT: Well, but you haven't established that, and asking this question doesn't establish … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. In re D.F. , 201 Ill. 2d 476, 498 (2002).

Nolan v. Hillard

Appellate Court of Illinois · Dec 8, 1999

Joyce's affidavit establishes that although the Department received Jaconetti's application for the 1998 sergeants examination, he did not take the written qualifying test. … Jaconetti, who seeks promotion but does not and will not possess the requisite level of college education when promotions are conducted, is clearly injured by this requirement.

Moss-American, Inc. v. Illinois Fair Employment Practices Commission

22 Ill. App. 3d 248 · Appellate Court of Illinois · Sep 24, 1974

Schlemmer was the best qualified of the qualified bidders regardless of race? Answer: Yes, sir.” (Emphasis added.) … Clearly, Minter’s threat to bring charges of racial discrimination affected appellee’s determination of who was the best qualified bidder for the mechanic job.