Case law

People v. Knox

121 Ill. App. 3d 579 · Appellate Court of Illinois · Jan 26, 1984

The defendant also states that Ganda was not qualified as an expert in this field. … Next, the defendant states that Officer Ganda was not qualified to testify as an expert in the field of bloodstain evidence.

Robinson v. Greeley & Hansen

114 Ill. App. 3d 720 · Appellate Court of Illinois · May 11, 1983

In the instant case, defendant was not seeking to establish the financial interest of plaintiff’s witnesses. … These investments are clearly unrelated to plaintiff’s earning capacity after his injury.

People v. Self

8 Ill. App. 3d 1003 · Appellate Court of Illinois · Dec 29, 1972

The State further argues that the statute does not cause blood tests to be taken in violation of its provisions to be admissible for all purposes but only for the purpose of establishing the presumption specified in subsection … Subsection (c) clearly states that in absence of the requisite consent, evidence based upon a blood test shall not be admitted. An expert’s opinion would be based upon the chemical test.

Walczak v. General Motors Corp.

34 Ill. App. 3d 773 · Appellate Court of Illinois · Jan 8, 1976

In his comments, the author remarks that they are not admitted “unless they qualify as res gestae declarations.’’ … In this case, as in Tweedy, the evidence establishes that the injury resulted from a condition of the product, that the condition was unreasonably dangerous, and the evidence clearly supports the jury’s conclusion that the

Shiner v. Myron Friedman

161 Ill. App. 3d 73 · Appellate Court of Illinois · Aug 25, 1987

We believe that the evidence elicited at trial establishes that the giving of the instruction providing for aggravation of a preexisting condition was warranted. … This case is clearly inapposite.

Villarreal v. Village of Schaumburg

Appellate Court of Illinois · Oct 19, 2001

It is well established that in order to qualify for the issuance of a writ of mandamus , the following requirements must be met: a plaintiff must show a clear, affirmative right to the requested relief, a clear duty of the … In the context of the Act, the mere fact that plaintiff currently cannot perform the duties of a police officer does not qualify his injury as “catastrophic.” B.

Village of Buffalo Grove v. Board of Trustees of the Buffalo Grove Firefighters' Pension Fund

436 Ill. Dec. 104 · Appellate Court of Illinois · Jan 17, 2020

Samo found that Hauber qualified for such a pension. … Because the labor relations board had engaged in statutory interpretation, its decision was subject to the “clearly erroneous” standard.

Keystone Montessori School v. Village of River Forest

453 Ill. Dec. 429 · Appellate Court of Illinois · Jun 25, 2021

The third was pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Immunity Act), specifically that a local government is not liable for an injury caused by (1) adopting or failing … As to the third affirmative defense of the Immunity Act, Keystone replied that it was based on legal conclusions and maintained that the Immunity Act does not apply to contractual liability and damages.

Brettman v. Breaker Press Co.

2020 IL App (2d) 190817-U · Appellate Court of Illinois · Jul 15, 2020

They also asserted that the statements did not qualify as defamation per se. … See Northwestern Memorial Hospital, 2014 IL App (1st) 133008, ¶ 20 (“It is well established that ‘[r]eviewing courts are entitled to have the issues clearly defined, to be cited pertinent authorities and are not a depository

People v. Kevin S.

381 Ill. App. 3d 260 · Appellate Court of Illinois · Apr 2, 2008

We are not to disturb the court’s ruling unless it is against the manifest weight of the evidence or, in other words, the evidence clearly establishes that a contrary result was proper. In re Clark, 246 Ill. … Under the circumstances presented here, we cannot say the court’s decision was clearly erroneous, given that the State submitted a report as well as testimony sufficient to establish by clear and convincing evidence that

People v. 1515 Coolidge Avenue, Aurora, Illinois

Appellate Court of Illinois · Nov 30, 1999

Those affidavits clearly established probable cause connecting the property to illegal drug transactions. Unlike in $1,124,905 U.S. … Additionally, once the privilege was raised, the State offered immunity from prosecution.

People v. Scott

2026 IL App (4th) 250192-U · Appellate Court of Illinois · Apr 7, 2026

Moreover, counsel established that Trumbo was “drunk” during both interviews. … “Manifest error is error that is clearly evident, plain, and indisputable.” Id.

Brookens v. Springfield School District No. 186

Appellate Court of Illinois · Nov 4, 2024

¶ 23 Our supreme court has held that the Act sets up a two-part test to determine which employees may be granted immunity under section 2-201: first, an employee may qualify for immunity if he or she holds either … School District U-46, the Northern District of Illinois federal court held that section 4-102 immunity did not apply because the plaintiff did not allege that the defendants failed to establish a police department or otherwise

Gordon v. County of Jackson

231 Ill. App. 3d 1017 · Appellate Court of Illinois · Aug 4, 1992

an order of the circuit court of Jackson County dismissing two counts of negligence against defendant, the County of Jackson, based on the special-duty exception to the Local Governmental and Governmental Employees Tort Immunity … It is well settled that 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 plaintiffs to recover. (Ogle v.

Brauer Machine & Supply Co. ex rel. Bituminous Casualty Corp. v. Parkhill Truck Co.

318 Ill. App. 56 · Appellate Court of Illinois · Mar 2, 1943

Liability thereunder was established in the amount of $2,252.39. Settlement therefor was made through the machine shop’s carrier, the Bituminous Casualty Company. … The privileges and immunities clause of the Constitution, Sec. 2, Art.

Weslin Properties, Inc. v. Department of Revenue

157 Ill. App. 3d 580 · Appellate Court of Illinois · Jun 30, 1987

Because the property is now vacant, the Board of Review does not feel this parcel qualifies for tax exemption.” … We conclude that the land necessary for the Urgent Care Center and necessary roads and parking facilities qualified for exemption in 1983.

People v. Fox

464 Ill. Dec. 262 · Appellate Court of Illinois · Sep 2, 2022

She later spoke with the police under an immunity agreement and provided a detailed statement consistent with her testimony. … “A decision is manifestly erroneous ‘when the opposite conclusion is clearly evident.’ ” Id. (quoting People v. Coleman, 2013 IL 113307, ¶ 98, 996 N.E.2d 617). ¶ 122 2.

People v. Williams

128 Ill. App. 3d 384 · Appellate Court of Illinois · Oct 22, 1984

Rudnick did not have sufficient experience to qualify as an expert in bite-mark comparison. It is within the trial court’s discretion whether an individual is qualified to testify as an expert. (People v. … This decision will not be overturned on appeal unless clearly and prejudicially erroneous. (People v. Wade (1977), 51 Ill. App. 3d 721 , 366 N.E.2d 528 ; People v. Oberlander (1969), 109 Ill.

People v. Webber

2014 IL App (2d) 130101 · Appellate Court of Illinois · Jul 21, 2014

The court added, however, that “ ‘[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 … The Secretary is not required to issue a license to everyone who applies; the Secretary shall issue a license “to every qualifying applicant.” (Emphasis added.) 625 ILCS 5/6-110(a) (West 2012).

Cwiertnia v. Zaborowski

192 Ill. App. 3d 841 · Appellate Court of Illinois · Dec 20, 1989

He was not qualified to do anything independently. … Cugell’s testimony established a question of fact as to whether Dr.