Case law

Porter v. Urbana-Champaign Sanitary District

237 Ill. App. 3d 296 · Appellate Court of Illinois · Nov 12, 1992

All that is necessary in a small claims case for the complaint to be sufficient is that it clearly notify the defendant of the nature of plaintiff’s claim. (Miner v. Bray (1987), 160 Ill. … To submit a res ipsa claim to a jury, there must be evidence or testimony to establish the rare and unusual event or condition coupled with proof of a negligent act. Spidle v.

Bowler's, Inc. v. Illinois Liquor Control Commission

97 Ill. App. 2d 403 · Appellate Court of Illinois · Jun 18, 1968

Clearly, such nonevidentiary assertions can hold no sway in this court. … She had, in fact, volunteered information of a corresponding nature relative to her ownership of a liquor establishment in Indiana.

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

Appellate Court of Illinois · Feb 8, 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. Kathy K.

373 Ill. App. 3d 7 · Appellate Court of Illinois · Apr 13, 2007

The court qualified Dr. Glick as an expert in pediatrics, pediatric emergency, and child abuse pediatrics. 1 On direct examination, Dr. … Moreover, the record below clearly establishes that evidence of S.K.’s post-foster-care hospitalization already came into evidence through the testimony of Dr. Glick.

Brems v. Trinity Medical Center

295 Ill. App. 3d 358 · Appellate Court of Illinois · Apr 3, 1998

The report must clearly identify “the reasons for the reviewing health professional’s determination that a reasonable and meritorious cause for the filing of the action exists.” 735 ILCS 5/2 — 622(a)(1) (West 1994). … The report indicates that the reviewing physician was a qualified health professional meeting the requirements of section 2 — 622 and that he had reviewed the medical records and other relevant matters pertaining to this

Alexander v. Industrial Commission

314 Ill. App. 3d 909 · Appellate Court of Illinois · Jun 30, 2000

Based on the foregoing, the arbitrator, while finding that claimant “clearly cannot return to his prior occupation,” concluded that claimant failed to meet his burden of establishing he fell into the “odd-lot” category. … Again, where competing inferences can be drawn, we defer to the Commission unless a contrary conclusion is clearly apparent. We cannot say so here.

Picco v. Simon

80 Ill. App. 2d 277 · Appellate Court of Illinois · Feb 20, 1967

Plaintiff further contends that the intention of the legislature is clearly stated in the wording of the Act, and the “proviso” at the end of the Act, which states, “provided, however, that in the exercise of any of the powers … Doubler, 412 Ill 597, 107 NE2d 789 (1952), where it is said (p 600): “Provisos in a statute, being designed to qualify or limit what is affirmed in the body of an act, should be strictly construed.”

Church of Peace v. City of Rock Island

357 Ill. App. 3d 471 · Appellate Court of Illinois · May 12, 2005

The City hereby establishes a Storm Water Fund. … Under this analysis, the storm water service charge is clearly a fee.

Kennedy v. Deere & Co.

192 Ill. App. 3d 18 · Appellate Court of Illinois · Dec 8, 1989

They are qualified to both prescribe and perform physical therapy using equipment on the premises of their offices. … In our opinion, the de novo standard of review is clearly required here.

Studt v. Sherman Health Systems

Appellate Court of Illinois · Dec 23, 2008

Galluzzo, 77 Ill. 2d 279, 282 (1979) ("In medical malpractice suits, the plaintiff must establish the standard of care through expert testimony"); Walski v. … A reviewing court ordinarily will not reverse a trial court for giving faulty instructions unless they clearly misled the jury and resulted in prejudice to the appellant. Schultz v.

People v. Tittlebach

324 Ill. App. 3d 6 · Appellate Court of Illinois · Aug 17, 2001

Here, the record establishes that Dr. Jonas had been involved in the treatment and evaluation of juvenile sex offenders from 1985 until 1990. … Here, the trial court clearly indicated that it had sufficient information to make its decision.

Northern Illinois Medical Center v. Home State Bank

136 Ill. App. 3d 129 · Appellate Court of Illinois · Aug 30, 1985

A qualifying beneficiary must establish: (1) first, that it is a not-for-profit hospital, association, or foundation, not in existence at Mr. … Its affiliation with Sherman Hospital in Elgin, some 12.6 miles away from Crystal Lake, is clearly insufficient to bring Ambutal within the terms of the trust.

Illinois Health Care Ass'n v. Wright

206 Ill. Dec. 848 · Appellate Court of Illinois · Dec 1, 1994

An examination of Federal law reveals that identifying a nursing facility that is economically and efficiently operated is clearly a duty of the State. … The trial court refused to qualify Lindner as an expert, stating that it had found Lindner "wanting in this field.”

Falge v. Lindoo Installations, Inc.

2017 IL App (2d) 160242 · Appellate Court of Illinois · May 12, 2017

We must determine, however, whether Lindoo qualifies as a borrowing employer. … However, these customer service actions by Labor Ready did not establish any form of supervision over plaintiff’s work for Lindoo.

People v. Hunt

2016 IL App (2d) 140786 · Appellate Court of Illinois · Jan 20, 2017

was the only evidence establishing the defendant’s participation in the crime. … App. 3d at 798), and the attorneys’ arguments, coupled with the instructions that were given, clearly warned the jury that it should view Romero’s testimony with suspicion.

Prater v. J. C. Penney Life Insurance

155 Ill. App. 3d 696 · Appellate Court of Illinois · Apr 22, 1987

In the present case, plaintiff established her prima facie case when she proved that defendant was shot to death by another person. … Falls’ testimony that decedent held nothing in his hands before or after the shooting clearly supports plaintiff.

Couch v. Southern Railway Co.

294 Ill. App. 490 · Appellate Court of Illinois · Mar 9, 1938

The law is thoroughly established that motions for new trials are addressed to the sound judgment of the trial judge and his action thereon will not be reversed except in case of a clear abuse of such discretion, which must … It being the law that the trial judge is allowed a broad judgment in the granting’ of new trials, and that his action in so doing will only be reversed where it affirmatively appears that he has clearly and palpably abused

Russell v. Rici

67 Ill. App. 2d 98 · Appellate Court of Illinois · Jan 21, 1966

The trustee designated by the will never qualified or acted, and the trust was never otherwise activated, although the settlor clearly assigned duties to his trustee. … After qualifying, Harold Parr, as trustee, on March 10, 1959, executed and acknowledged a deed conveying the trust premises to Lawrence and Eleanor Rici, and delivered the same to L. D.

People v. Brown

2024 IL App (3d) 230675 · Appellate Court of Illinois · Nov 21, 2024

Gaskell stated that while he initially thought otherwise, he no longer believed defendant suffered from a qualifying mental disorder because he believed qualifying disorders must predispose defendant to engage … The buttock is not a sex organ, defendant argues, and does not qualify these offenses under the Criminal Code.

Lindorff v. The American Federation of State, County, and Municipal Employees

2015 IL App (4th) 131025 · Appellate Court of Illinois · Feb 3, 2016

The evidence established the structure of medical services within the DOC. At the correctional centers at issue in this case, the vendor, Wexford Health Sources, Inc. … Our supreme court has defined the clearly erroneous standard as follows: “An agency decision will be reversed because it is clearly erroneous only if the reviewing court, based on the entirety