Case law

People v. Washington

Appellate Court of Illinois · Aug 24, 2007

Ingram testified at trial only after receiving use immunity from the State. … Barnes was subsequently granted immunity from prosecution in exchange for his agreement to testify.

People v. Curtis

7 Ill. App. 3d 520 · Appellate Court of Illinois · Sep 27, 1972

The height of the shorter man does not clearly appear from the record, but it appears that it was in the area of five feet seven inches to five feet nine inches. … We further pointed out that to hold otherwise would permit two or more persons to gain immunity from possession of marijuana by proving joint possession.

Charles v. Neigelsen

15 Ill. App. 17 · Appellate Court of Illinois · May 20, 1884

Certainly, before a construction involving such consequences should be adopted, it should so clearly appear from the language of the statute as to be unavoidable. … In these cases it is held that the principle of ea/veat emptor applies to the establishment of liens of this character.

Williams v. Athletico, Ltd

2017 IL App (1st) 161902 · Appellate Court of Illinois · May 26, 2017

This allegation clearly implicates a medical judgment. … The proof required to establish defendants’ liability is better left to the circuit court.

Unger v. Metropolitan Life Insurance

103 Ill. App. 2d 150 · Appellate Court of Illinois · Dec 10, 1968

And while it cannot be said this record clearly establishes that a psychoneurosis anxiety state is a mental or nervous disorder, so as to require disclosure under question 6, it is more than clear in our opinion that the … The final contention of defendant, namely that the trial court improperly permitted Bradley to express opinions in the field of medical science which he was not qualified to give, is likewise without merit.

People v. Hasselbring

21 N.E.3d 762 · Appellate Court of Illinois · Nov 24, 2014

Clearly, Piat’s injuries are of the type contemplated by the Vehicle Code and the supreme court. … We note the jury’s question asked only whether benzoylecgonine qualified as a substance.

Bob Red Remodeling, Inc. v. The Illinois Workers' Compensation Commission

2014 IL App (1st) 130974WC · Appellate Court of Illinois · Feb 10, 2015

It further noted that respondent did not offer any evidence to establish that a job market existed for claimant. … As claimant was following the advice of his own qualified physician, we could not say that his choices were unreasonable.

Hubbard v. Sherman Hospital

Appellate Court of Illinois · Sep 26, 1997

It is well established that appendicitis is a common medical condition familiar to all doctors. … The evidence also establishes that Dr. Malachinski was qualified to testify regarding the standard of care Dr. Michelotti utilized when scheduling diagnostic tests and performing the appendectomy procedure.

Sobczak v. General Motors Corp.

373 Ill. App. 3d 910 · Appellate Court of Illinois · May 23, 2007

Parameters are established for the operation of the muffler, which is a pass-through vessel. … Further, Sobczak urges, Colver would have established the proximate cause of the fire.

Simmons v. Columbus Venetian Stevens Buildings, Inc.

20 Ill. App. 2d 1 · Appellate Court of Illinois · Feb 4, 1959

, wholesale jewelry establishments, manufacturing jewelers and numerous other retail establishments to which the general public is invited, expressly or by implication, and that the building is visited by thousands of the … Those two ideas have often been so intermingled that it cannot be clearly stated that the court is relying on one or the other of the ideas.

Dudley v. BD. OF EDUC., BELLWOOD SD

260 Ill. App. 3d 1100 · Appellate Court of Illinois · Mar 18, 1994

Sections 24—11 and 24—12 are intended to assure continuous service on the part of qualified and experienced teachers. (Johnson v. … Thus, although article 24A may reasonably be construed to provide certain benefits and protections to tenured teachers, sections 24 — 12 and 24 — 16 clearly articulate that the remedy available for violation of the statute

Gassman v. The Clerk of the Circuit Court of Cook County

71 N.E.3d 783 · Appellate Court of Illinois · Jan 17, 2017

Accordingly, statutory tort immunity does not apply. … -9-  No. 1-15-1738 immunity.

In re Estate of Muldrow

343 Ill. App. 3d 1148 · Appellate Court of Illinois · Oct 10, 2003

Ronald further alleged that Charles was not qualified to act as executor because he was a felon. … When construing a statute, we must begin with the presumption that the statute is constitutional, and the party challenging a statute has the burden of clearly establishing any constitutional invalidity.

State Farm Fire & Casualty Co. v. Kiszkan

346 Ill. App. 3d 292 · Appellate Court of Illinois · Feb 17, 2004

on her own initiative qualified Matricard for the multicar discount. … the PLUí^ and the question of the source of the misrepresentation of the relation between Kiszkan and Matricard is immaterial to the coverage provided by the PLUP Although the responsibility for the misrepresentation is clearly

National Fire Insurance Company of Hartford v. Kilfoy

Appellate Court of Illinois · Aug 13, 2007

Weller were not clearly defined and that, as a result, Weller evaluated and advised patients who should have been evaluated and advised by Sondheimer. … properly advised by Weller; (6) scheduling surgeries in such a manner to discourage patients from seeking additional preoperative advice from Sondheimer; (7) failing to require written consent by patients; and (8) failing to establish

Davis v. Retirement Board of Policemen's Annuity Fund

30 Ill. App. 3d 318 · Appellate Court of Illinois · Jun 24, 1975

A statute is presumed to be valid and the burden is upon the party challenging the statute to establish its constitutional invalidity. (Jaris v. … Judicial interference in the legislative function of establishing classifications is warranted only where the legislative action is clearly unreasonable.

Dashney v. Hayes

267 Ill. App. 420 · Appellate Court of Illinois · Jun 24, 1932

Louis, in 1919, adopted the commission form of government; that a city court was established in 1875 for said city; that in 1930, Silas Cook and William F. … This clearly excludes any suggestion that they may be elected by the city council.

Silverstein v. Brander

317 Ill. App. 3d 1000 · Appellate Court of Illinois · Dec 11, 2000

The judge read into the record the portion of the deposition that he took to establish the lack of familiarity: “Q. … The Cook County Circuit Court Rules of Practice clearly provide for adequate notice to be given to a party before that party is called upon to defend against a motion for summary judgment.

People v. E.H.

299 Ill. App. 3d 42 · Appellate Court of Illinois · Sep 1, 1998

Although the court reasoned that the State’s promise of immunity to the accomplice undermined the credibility of the accomplice, it also included in its consideration other circumstances that provided reasonable doubt as … To qualify as hearsay, the statement, oral or written, must be offered to establish the truth of the matter asserted. People v. Simms, 143 Ill. 2d 154, 173 (1991); R.

People v. Crawford

23 Ill. App. 3d 398 · Appellate Court of Illinois · Nov 6, 1974

We agree and hold that the testimony heard on the motion to suppress clearly supports the trial judge’s finding of probable cause, and that the officers clearly had reasonable grounds to believe that an offense was being … Defendant’s argument in this regard is clearly without merit.