Case law

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.

Grutzius v. Armour & Co. of Delaware, Inc.

312 Ill. App. 366 · Appellate Court of Illinois · Dec 30, 1941

In the Parks case it was said at page 114 that “the General Assembly has failed to establish a standard or rule of action.” … It seems perfectly obvious that the word “provided” was used in its ordinary sense and that the legislature clearly intended to qualify the word negligence appearing in the first part of section 3 to mean negligence as defined

MBA Enterprises, Inc. v. Northern Illinois Gas Co.

307 Ill. App. 3d 285 · Appellate Court of Illinois · Aug 31, 1999

The plaintiffs’ complaint alleges a number of negligent acts by NI Gas that clearly fall within the purview of installation and construction of the piping system. … Finally, the question decided on appeal in Cates was whether the defendant met its burden of establishing that a cold rolling mill was an improvement to real property.

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

City of Des Plaines v. Scientific MacHinery Movers, Inc.

9 Ill. App. 3d 438 · Appellate Court of Illinois · Dec 19, 1972

Before the enactment of this provision, consent decrees could be collaterally attacked only through bills of review and were specifically immune from challenges by appeal or writ of error. (Sims v. … Evanston Bus Co., 27 Ill.2d 609 , 190 N.E.2d 348 , and the policy enunciated by the court there clearly establishes that the courts are not strictly bound by precedent in affording post-judgment relief, but rather may exercise

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.

Ipema v. Dykhuis

131 Ill. App. 3d 371 · Appellate Court of Illinois · Mar 12, 1985

The evidence presented in the instant case clearly did not support these criteria. … Giving a census of the number of people living with a child in the same house does not qualify as sufficient proof of integration.

People v. Olsson

2011 IL App (2d) 91351 · Appellate Court of Illinois · Sep 22, 2011

If the evidence presented at a discharge hearing is sufficient to establish the defendant’s guilt, no conviction results; instead, the defendant is found “not not guilty.” (Emphasis omitted.) … where the same, or substantially the same, words or phrases appear in different parts of the same statute they will be given a generally accepted and consistent meaning, where the legislative intent is not clearly

Chicago & Northeast Illinois District Council of Carpenters Apprentice & Trainee Program v. Department of Revenue

293 Ill. App. 3d 600 · Appellate Court of Illinois · Nov 26, 1997

The party claiming an exemption has the burden of proving clearly and conclusively that the subject property falls within both the constitutional authorization and the terms of the statute under which the exemption is claimed … In either case, the same courses are necessary before one may become qualified to practice optometry.

Tomczak v. Ingalls Memorial Hospital

Appellate Court of Illinois · Aug 17, 2005

We will reverse a circuit court's ruling on a motion to compel discovery only where the appellant "affirmatively and clearly" shows an abuse of discretion. Dufour v. Mobile Oil Corp. , 301 Ill. … To support this theory, the plaintiffs seek to establish that other emergency department patients were examined before the decedent in contravention of the procedures established by Ingalls' emergency department.

People v. Drew

254 N.E.3d 478 · Appellate Court of Illinois · Sep 12, 2024

Swan, 2023 IL App (5th) 230766, ¶ 12. “ ‘A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on … OSAD’s memorandum contained no identification of the issues from the motion for relief but clearly did not provide argument for three of the issues raised in defendant’s motion for immediate release.

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.

Michel v. Gard

181 Ill. App. 3d 630 · Appellate Court of Illinois · Apr 7, 1989

In the instant case the well-pleaded facts and the other materials submitted by Torres do not establish that he was Lambert’s client. … The letter does not establish that the ‘primary purpose for Hauter’s contacting defendants was to benefit plaintiff.

Seibold v. Schulte

195 Ill. App. 3d 891 · Appellate Court of Illinois · Mar 8, 1990

The record establishes that there was “other good cause” for removal not in any way reflecting upon respondent’s performance, and respondent remains guardian of the estate. … We cannot say that a benefit has not been conferred upon the estate of Josephine by removing the public guardian and substituting her sister, as public policy clearly prefers a relative to act in such situations.

Weinert v. Weinert

105 Ill. App. 3d 56 · Appellate Court of Illinois · Mar 25, 1982

App. 3d 630, 632 , 402 N.E.2d 854, 855 ), and the motion should not be granted unless it clearly appears that no set of facts can be provided which will entitle the pleading party to recovery (Newberg-Krug-Brighton v. … The interest of petitioner that his sons bear his surname would appear to qualify their right to use their stepfather’s surname where the latter has not adopted them and is not legally burdened with an obligation of support

People v. Martin

161 Ill. App. 3d 472 · Appellate Court of Illinois · Oct 15, 1987

However, if the person submits to a blood test at the request of a law enforcement officer, only a physician authorized to practice medicine, a registered nurse, or other qualified person approved by the Department of Public … The statute clearly contemplates that the arresting officer filing the sworn report may not be the party administering the alcohol concentration test.

Parker v. Wright

262 Ill. App. 3d 661 · Appellate Court of Illinois · Jun 10, 1994

Clearly this patient is unable to work at this time in any gainful way and any implication to the opposite is deeply regretted.” … Even if Parker’s condition qualifies as hypoparathyroidism, the evidence does not establish that she suffers from severe recurrent tetany or generalized convulsions or lenticular cataracts.

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. Robert K.

336 Ill. App. 3d 867 · Appellate Court of Illinois · Feb 21, 2003

In his appellate brief, respondent acknowledges that the statute clearly requires all minors adjudicated delinquent of certain qualifying offenses to provide blood samples for DNA profiling. … As already noted, the juvenile court systems are creations of the legislature, and the legislature has the authority to establish the procedures governing such systems. See P.H., 145 Ill. 2d at 233 .

Niles Township High School District 219 v. Illinois Educational Labor Relations Board

Appellate Court of Illinois · Dec 17, 2007

and in the performance of his/her other professional duties using [established criteria]. … Article V established procedural requirements for maintaining teachers’ personnel files requiring that each file include all documents related to the teachers’ performance.