Case law

Society of Mount Carmel v. Fox

90 Ill. App. 3d 537 · Appellate Court of Illinois · Nov 26, 1980

The key exhibits introduced in this case do not establish a conclusive standard in 1962 as to the use of expansion joints. … However, this was also clearly harmless.

Cianci v. Pettibone Corp.

Appellate Court of Illinois · Jul 31, 1998

App. 3d 662, 669 (1995) (statements made in reports to worker's compensation insurers protected by qualified privilege because insurers "clearly have an interest in determining the validity of worker's compensation claims … Nowosad also argues that the circuit court erred in ruling that Hall's statements enjoyed a qualified privilege.

Williams v. Anderson

288 Ill. App. 149 · Appellate Court of Illinois · Nov 30, 1936

The trust in its terms must be clearly established. Trubey v. Pease, 240 Ill. 513 ; Banning v. Patterson, 363 Ill. 464 ; Williams v. Chamberlain, 165 Ill. 210 . … Williams, administration was begun upon bis estate in the probate court, an administrator was appointed and qualified, and Anderson turned over to the administrator all the property of Mr.

Mount Calvary Baptist Church v. Zehnder

Appellate Court of Illinois · Dec 31, 1998

The ALJ reasoned that "although applicant clearly intended to use the church for religious purposes, such intent, standing alone, does not establish that the church was in fact in exempt use under current Illinois law." … Nevertheless, in order to qualify for exemption, a property must in fact be used for a religious purpose, however that purpose is defined. Skil Corp. v.

Newark Electronics Corp. v. City of Chicago

130 Ill. App. 2d 1021 · Appellate Court of Illinois · Oct 23, 1970

However, it clearly could. The rule is that a party may appeal if he is injured by a judgment or will be benefited by a reversal. … The argument goes that the experts were not qualified to give an opinion that the valve burst from freezing. We can dispose of this quickly.

Whittaker v. Honegger

Appellate Court of Illinois · Sep 6, 1996

As our supreme court acknowledged in Ziemba, "Section 368 presents the well-established common law rule that a landowner's only duty towards travelers on an adjacent highway is to keep his land free from conditions which … Clearly a duty to remove it would arise. How much gravel must be present before the risks posed become unreasonable thus giving rise to a duty? We do not know. That is a mixed question of law and fact.

Pochie v. Cook County Officers Electoral Board

Appellate Court of Illinois · Jun 25, 1997

qualified, legal and registered voter at that address." … We further disagree with petitioner's argument that the petition and the records of the Chicago Board of Election Commissioners clearly indicate that Pochie does have standing.

In Re Estate of Cohn

95 Ill. App. 3d 204 · Appellate Court of Illinois · Apr 10, 1981

The trial court found that petitioner was a citizen of Illinois and was qualified to file a petition under section 11-5. … Marcus did not establish a domicile elsewhere and in that way lose his Illinois citizenship.

Lombardo v. Reliance Elevator Co.

Appellate Court of Illinois · Jun 30, 2000

But the failures of the bank and the maintenance company do not establish a defense for WS against plaintiff 's claim. Rather, they establish grounds for WS's counterclaims. … The burden of establishing the qualifications of an expert witness is on the proponent of his testimony, and it is within the discretion of the trial court to determine whether the witness has been qualified.

American Welding Supply Co. v. Department of Revenue

106 Ill. App. 3d 93 · Appellate Court of Illinois · Apr 16, 1982

not become a part of the pollution control facility and so would not qualify for the pollution control facility exemption.” … not become a part of a pollution control facility so as to qualify for the exemption.

People v. Cole

299 Ill. App. 3d 229 · Appellate Court of Illinois · Sep 25, 1998

In short, because the “mental disorder” element may be established by means other than criminal conduct, the fact that it is established by a pattern of criminal conduct in this case does not render the requirement a nullity … Two qualified, licensed psychiatrists agreed that respondent suffers from pedophilia.

People v. Krone

98 Ill. App. 3d 619 · Appellate Court of Illinois · Jul 28, 1981

This goes to the weight to be given the inference of guilt and is clearly a matter for the trier of fact to determine. … Controlling here is the rule that the details of a police radio broadcast are admissible to establish that the officer went to the area of the crime because of the broadcast, but not to prove the truth of the statements contained

Marconi v. Chicago Heights Police Pension Board

Appellate Court of Illinois · Sep 19, 2005

The question of whether a police officer qualifies for a disability pension involves an examination of the legal effect of a given set of facts. … As discussed, we have already decided to reverse the Pension Board's decision as clearly erroneous.

People v. Hunley

Appellate Court of Illinois · May 1, 2000

The degree of knowledge or experience necessary to qualify the witness as an expert depends on the complexity of the subject matter and the likelihood of error if the witness is not properly qualified. … To qualify as hearsay, an out-of-court statement must be offered to establish the truth of the matter asserted. People v. Rogers , 81 Ill. 2d 571 (1980).

Suburban 1, Inc. v. GHS MORTGAGE, LLC

358 Ill. App. 3d 769 · Appellate Court of Illinois · Jul 20, 2005

Two days before the Jiangs accepted the Sullivans’ offer, Kevin Morse, branch manager of Windsor Mortgage, signed a letter stating that the Sullivans qualified and were approved for financing of 90% of the sale price of the … A cause of action will not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved that will entitle the plaintiff to relief. Van Horne v. Muller, 185 Ill. 2d 299, 305 (1998).

Riordan v. Department of Registration & Education

205 Ill. App. 3d 344 · Appellate Court of Illinois · Oct 17, 1990

Maher was qualified to testify. Nor would such a contention be tenable, given the standards of review applicable to the circuit court and this court in administrative review cases. … In this cause the Board clearly chose to accept Dr. Maher’s testimony and rejected the limited testimony of Dr. Riordan and Dr. Oses.

People v. Gooding

21 Ill. App. 3d 1064 · Appellate Court of Illinois · Sep 5, 1974

This section clearly places the burden on the prosecutor to seek a speedy disposition of all charges pending against defendant who is in custody. … Even if probable cause is not established at the hearing, the prosecutor can still seek an indictment against a defendant.

People v. Hale

326 Ill. App. 3d 455 · Appellate Court of Illinois · Dec 14, 2001

However, evidence of these two murders clearly conveyed the message that the Hale-Wessell twosome possessed a penchant for senseless bloodshed. … These various references to other crimes committed on April 1, 1998, clearly prejudiced the chance of acquittal.

Smith v. Pavlovich

394 Ill. App. 3d 458 · Appellate Court of Illinois · Sep 10, 2009

Weber was licensed as a medical doctor and not a nurse, he was not qualified to offer expert opinion testimony on the standard of care applicable to the nursing profession or advanced practice nurses. … Accordingly, the court held that, instead of retreating from the license requirement, Jones clearly reaffirmed it. Sullivan, 209 Ill. 2d at 115 .

People v. Wolfbrandt

127 Ill. App. 3d 836 · Appellate Court of Illinois · Sep 17, 1984

We next consider the issue of whether the trial court excused otherwise qualified jurors for cause without first establishing that they were so opposed to the death penalty that they would be unsuitable for jury duty. … In the present case, the evidence presented established a link between defendant and the thefts of fuel from the bulk storage plants. Proof of other crimes need not be beyond a reasonable doubt (People v.