Case law

Whitman v. Lopatkiewicz

152 Ill. App. 3d 332 · Appellate Court of Illinois · Feb 12, 1987

The extensive deposition testimony of parties and post-occurrence witnesses clearly shows that there is no evidence upon which a jury could predicate a finding of defendant’s liability. … Gruber were duly qualified as an expert reconstruction witness, his sole function would be to impeach the credible testimony of the defendant.

Petryshyn v. Slotky

Appellate Court of Illinois · Jul 29, 2008

"'"Abuse of discretion" means clearly against logic; the question is not whether the appellate court agrees with the [trial] court, but whether the [trial] court acted arbitrarily, without employing conscientious judgment … Furthermore, it was established that the allegations of negligence were well within the testifying doctors' knowledge and experi- ence.

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.

Murry v. American Federation of State, County, and Municipal Employees Nunc pro tunc Mar. 31, 1999

Appellate Court of Illinois · May 28, 1999

Where the evidence is found to so establish, an indictment is returned. 725 ILCS 5/112- 4(e)(West 1996). … Clearly, respondent Board must assess the sufficiency of the evidence disclosed during its investigation prior to issuing an unfair labor practice complaint.

People v. Culpepper

254 Ill. App. 3d 215 · Appellate Court of Illinois · Dec 9, 1993

If that was so then, clearly, the judgment for the defendant was proper because, if the burden shifted to the State to put on evidence, it clearly failed to establish the validity of the blood test under the requirements … If the prima facie case was made, the proof of the validity of the blood test clearly failed.

In re Estate of Crawford

2019 IL App (1st) 182703 · Appellate Court of Illinois · Mar 1, 2021

because he could not establish that decedents understood the transfers to be loans. … App. 3d 866, 876 (1995) (noting that testimony that the decedent paid money pursuant to a promissory note would “clearly qualify as an event” under the Act), overruled on other grounds by Gunn v.

Walsh v. County Officers Electoral Board

267 Ill. App. 3d 972 · Appellate Court of Illinois · Nov 3, 1994

Initially, Walsh asserts that McAfee’s actions were not sufficient to qualify him as a resident of the 47th district. … Consequently, any issue not clearly defined and sufficiently presented is similarly deemed waived. (Vincent v. Doebert (1989), 183 Ill. App. 3d 1081, 1087 .)

People v. Rhoden

101 Ill. App. 3d 223 · Appellate Court of Illinois · Oct 20, 1981

being present, the court received and responded to a written request made by the jury during its deliberations, and (2) whether the court erred in admitting the testimony of Sandra Stein, whom the prosecution claimed to be qualified … Although Stein clearly did not garner the qualifications of the experts who testified in Jennings (three experts who averaged 6 years’ experience) or in Rhodes (5 years’ experience in addition to 50 hours of in-service training

People v. V.T.

306 Ill. App. 3d 817 · Appellate Court of Illinois · Aug 3, 1999

Respondent argues that, even if the report qualifies as a business record and a proper foundation is established, it is nevertheless inadmissible because its purpose was improper. … Initially, a review of the record clearly indicates that the report was not prepared in anticipation of future discipline.

Esquivel v. Retirement Bd.

356 Ill. Dec. 641 · Appellate Court of Illinois · Dec 9, 2011

of law as applied to the established facts is or is not violated. … A mixed question of law and fact is reviewed under the clearly erroneous standard.

Akemann v. Quinn

17 N.E.3d 223 · Appellate Court of Illinois · Aug 26, 2014

After July 1, plaintiff continued to serve during the 60-day holdover period established by Public Act 97-719, as the Governor had not appointed a replacement. … Public Act 97-719 clearly intended to give the Governor exclusive authority to make all renewal appointments starting after it went into effect.

Hanna v. American National Bank & Trust Co.

176 Ill. App. 3d 938 · Appellate Court of Illinois · Nov 28, 1988

No business establishments front on Deming Place and the street maintains an open and airy quality. … Further, it is clearly possible that the agreement was not intended, as defendants argue, to constitute an abandonment of the setback line where it had been abolished by a court decree, but rather the intention was that the

People v. Rhoades

74 Ill. App. 3d 247 · Appellate Court of Illinois · Jul 12, 1979

Clearly, once the officer observed what he reasonably believed to be cannabis, probable cause existed to arrest defendant. … Since the evidence in question was clearly shown to consist in part of cannabis, the statutory definition was met.

Frank v. Teachers Insurance & Annuity Ass'n of America

47 Ill. App. 3d 821 · Appellate Court of Illinois · Mar 28, 1977

CREF was established by a special act of the New York Legislature in 1952. Employee contributions, matched or exceeded by employers, now fund the purchase of annuity contracts. … plaintiff, who did not each constituted a separate “class”, and that accordingly, the plaintiff could only represent the class of those who did not so qualify, (2) that as regards those annuitants who qualified under the

In Re Detention of Diestelhorst

307 Ill. App. 3d 123 · Appellate Court of Illinois · Aug 27, 1999

Section 5(e) is not a list of criminal offenses for which a conviction qualifies an individual for commitment under the Act. … The legislature clearly spelled out in section 15(b)(2) that the Act only applied to persons about to be released from sentences imposed upon criminal convictions.

Heavner v. Illinois Racing Board

103 Ill. App. 3d 1020 · Appellate Court of Illinois · Feb 16, 1982

The state steward will be responsible to see that at least one horseman or an official respresentative of the horsemen is present. * * The testimony clearly established that no steward was present when the entry box was opened … Narotsky’s testimony that the Brookes Pride entry was not in the box when opened cannot be used to establish that such was the fact when the rule clearly provides that a State steward or his designated representative—in this

Dienes v. Holland

64 Ill. App. 3d 109 · Appellate Court of Illinois · Sep 13, 1978

Rodriguez, who the record discloses has difficulty with the language, did not clearly testify whether he intended to remain at Carey indefinitely. … Turning to the present case, we must keep in mind certain well-established rules of statutory construction.

Pommier v. Jungheinrich Lift Trick Corp.

2018 IL App (3d) 170116 · Appellate Court of Illinois · Jul 31, 2018

Manufacturers have no duty to design foolproof products immune from all possible accidents. Flaugher v. Sears, Roebuck & Co., 61 Ill. … Clearly, defendants intended to prohibit operators from maintaining or modifying the jack’s braking system.

Mele v. Howmedica, Inc.

Appellate Court of Illinois · Mar 15, 2004

Moreover, the section provides manufacturers with virtual immunity from liability for all medical products. … Several courts have noted that the comment requires proof of negligence if the product qualifies as unavoidably dangerous. E.g., Rogers v.

Johnson v. Highland Elementary School

2020 IL App (2d) 190479-U · Appellate Court of Illinois · Feb 6, 2020

Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/6-105 (West 2018)), which established immunity related to an alleged failure to understand, diagnose, and … App. 3d 19 (1984), in arguing that the lack of supervision qualified as willful and wanton.