Case law

Ulm v. Memorial Medical Center

357 Ill. Dec. 953 · Appellate Court of Illinois · Jan 6, 2012

To qualify as a clear mandate of public policy, "a matter must strike at the heart of a citizen's social rights, duties, and responsibilities." (Internal quotation marks omitted.) … Illinois Rule of Evidence 902(11) defines a qualifying certification with respect to a domestic record, in part, as "a written declaration under oath subject to the penalty of perjury."

Bybee v. O'HAGEN

243 Ill. App. 3d 49 · Appellate Court of Illinois · Apr 8, 1993

The Act establishes specific duties for both owners and tenants: “It shall be the responsibility of the owner of a structure to supply and install all required detectors. *** It shall be the responsibility of a tenant to … There is now an exception to the general rule of landlord immunity; tenants have a cause of action where their landlord has violated the Act. II.

Burns v. Regional Transportation Authority

112 Ill. App. 3d 464 · Appellate Court of Illinois · Dec 30, 1982

Applying this rule to the facts before us in the instant case, we find that a contract of transportation clearly existed between plaintiffs and defendants. … Lust clearly holds that a lawfully created agency of the State such as the RTA and CTA has the power to enact this type of fare hike.

Estate of Poliquin

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.

Ayala v. Murad

305 Ill. Dec. 370 · Appellate Court of Illinois · Sep 12, 2006

The party seeking reversal has the burden of establishing prejudice. Israel, 276 Ill. App. 3d at 463 . … The record establishes, however, that Dr.

Feltmeier v. Feltmeier

333 Ill. App. 3d 1167 · Appellate Court of Illinois · Sep 18, 2002

Additionally, we address an immunity issue raised by Robert in this appeal. … IMMUNITY FROM SUIT Robert also contends that he is immune from any and all of Lynn’s claims for conduct that occurred prior to January 1, 1988, the date on which spouses were statutorily allowed to sue each other for a tort

Senese v. Village of Buffalo Grove

383 Ill. App. 3d 276 · Appellate Court of Illinois · Jun 5, 2008

Thus, as this court has observed: “A literal interpretation is not controlling where the spirit and intent of the General Assembly in enacting a statute are clearly expressed, its objects and purposes are clearly set forth … Presumably, however, a report of a crime in progress would generally qualify as an emergency.

Bawden v. Furlong

16 Ill. App. 2d 174 · Appellate Court of Illinois · Mar 6, 1958

Bawden, his bookkeeper and principal business assistant for many years, qualified and was appointed executrix on February 16,1954. … Tbe record clearly shows that shortly after tbe executrix commenced her administration of tbe estate a substantial difference of opinion arose as to tbe conduct of tbe affairs.

People v. O'Neal

2021 IL App (4th) 170682 · Appellate Court of Illinois · Mar 26, 2021

Specifically, defendant argues he is entitled to a new sentencing hearing where using his two prior Class X felony convictions to both establish an element of the offense of being an armed habitual criminal and to qualify … and that intention is clearly expressed.”

People v. McClellan

232 Ill. App. 3d 990 · Appellate Court of Illinois · Jun 30, 1992

Ct. 1770 (death-qualifying questions are appropriate).) … The shoes clearly were sufficiently connected to defendant since he was wearing them at the time they were confiscated by the police.

Iverson v. Scholl, Inc.

136 Ill. App. 3d 962 · Appellate Court of Illinois · Jul 30, 1985

The standard of review employed when a complaint is dismissed pursuant to section 2—615 is that an action should not be dismissed for failure to state a cause of action or for insufficiency at law unless, clearly, no set … In that case, the defendant’s policy contained a facility of payment clause authorizing defendant, at its option, to pay the proceeds to various persons legally qualified to release it.

Kurczaba v. Pollock

252 Ill. Dec. 175 · Appellate Court of Illinois · Dec 27, 2000

This privilege is a qualified privilege (53 C.J.S. Libel & Slander § 99, at 175 (1987)) and is commonly exercised by newspapers, broadcasting stations, and others in the business of reporting news to the public. … While defendant argues that he did not place any “spin” on his report, the addition of the ad was clearly meant to convey something.

Chemed Corp. v. State of Illinois

186 Ill. App. 3d 402 · Appellate Court of Illinois · Jul 27, 1989

It never qualified to do business in Illinois as a foreign corporation and had no office, store, warehouse, or bank account in Illinois. … local business and also hold the immunities of an interstate business.”

Rutledge v. St. Vincent Memorial Hospital

67 Ill. App. 2d 156 · Appellate Court of Illinois · Feb 1, 1966

We must also accept, as is alleged, that plaintiff is qualified, has observed, obeyed and complied with all lawful rules and regulations legally prescribed to cover the conduct of physicians in their use of the hospital; … (generally older, more established practitioners), held the life line on younger doctors by virtue of the fact that their recommendation was required for appointment, the court at page 269 of their opinion said: “. . . .

Loftus v. Mingo

158 Ill. App. 3d 733 · Appellate Court of Illinois · Jul 16, 1987

A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved which will entitle the plaintiff to recover. (Ogle v. … Such individuals do not fit very well into any of the more or less arbitrary categories which the law has established. They are not trespassers, since they are privileged to enter.

Somers v. Quinn

373 Ill. App. 3d 87 · Appellate Court of Illinois · Apr 25, 2007

Preventing the testimony of someone who had never been licensed in the school of medicine at issue or, especially, someone licensed in a different school of medicine clearly would tend to prevent the imposition of an improper … Thus, ‘[f] or mal academic training or specific degrees are not required to qualify a person as an expert; practical experience in a field may serve just as well to qualify him.’ Lee v.

National Acceptance Co. of America v. Pintura Corp.

94 Ill. App. 3d 703 · Appellate Court of Illinois · Mar 27, 1981

One of the purposes of a corporate entity is to immunize the corporate officer from individual liability on contracts entered into in the corporation’s behalf. … We will not overturn that determination barring a record clearly contrary to the trial court’s finding. (Pensgard v. Powers (1972), 8 Ill. App. 3d 646 , 290 N.E.2d 642 .)

Kelley v. Department of Labor

160 Ill. App. 3d 958 · Appellate Court of Illinois · Sep 4, 1987

The record here shows that for 15 consecutive years plaintiff had established a pattern of seasonal employment as a crossing guard. … In addition, the record clearly shows that, as in the past, she intended to return to her crossing-guard position in the fall of 1985.

People v. O'Neal

2021 IL App (4th) 170682 · Appellate Court of Illinois · Mar 26, 2021

and to qualify him for a life sentence under the habitual criminal statute constituted improper double enhancement. … An exception to this general rule arises where “the legislature clearly intends to enhance the penalty based upon some aspect of the crime and that intention is clearly expressed.” People v.

Cook County Sheriff Sheahan v. Bianchi

296 Ill. App. 3d 310 · Appellate Court of Illinois · Apr 24, 1998

A passing score was established to be a minimum of 57 correct answers. … The sheriff took the position that when an employee was clearly shown not to have been properly certified, that employee could be fired at will, without a hearing. Vanko, 278 Ill. App. 3d at 303 .