Case law

Kolacki v. Verink

384 Ill. App. 3d 674 · Appellate Court of Illinois · Aug 8, 2008

Defendants dispute plaintiff’s claim of dual capacity and assert that the record before this court clearly establishes that both defendants were working as employees or agents of Silvercrest at the time of the accident and … Laura’s deposition testimony clearly established that the horse in question was not being sold by Silver-crest or defendants at the time of plaintiffs injury.

St. Paul Fire & Marine Insurance Co. v. City of Waukegan

2017 IL App (2d) 160381 · Appellate Court of Illinois · Aug 4, 2017

Specifically, we said: “Applying the cause theory as set forth in Nicor to the present case clearly establishes that this case presented a single cause and therefore a single occurrence. … The issue in Steidl was whether the officers were entitled to qualified immunity for their conduct.

People v. Huddleston

176 Ill. App. 3d 18 · Appellate Court of Illinois · Oct 19, 1988

The trial court ruled that Officer Smith did not qualify as an expert and could not testify regarding the results of the test. … Clearly, defendant could not invoke the right of self-defense to justify such actions. For the aforementioned reasons, the judgment of the trial court is affirmed. Affirmed.

Arellano v. The Department of Human Services

Appellate Court of Illinois · Jun 16, 2010

standard or whether as applied to the facts the rule of law is violated--will not be overturned on review unless clearly erroneous. … It specifically provided a definition of the term without the qualifier the regulations added.

Hidalgo v. Village Of Romeoville

Appellate Court of Illinois · Aug 12, 2026

The court found that, consequently, the alleged injurious acts were a determination of policy and an exercise of discretion and that the trial evidence established section 2-201 immunity. Id. ¶¶ 27-29, 33 … According to plaintiff, these facts indicate that the Academy “was clearly operating as an entity intended to earn a profit that did not perform a governmental function,” precluding immunity under sections

People v. Holmes

2025 IL App (2d) 240194 · Appellate Court of Illinois · Dec 15, 2025

The court concluded that Zielinski “was clearly testifying to Ms. Kane’s opinions and conclusions and offering those for the truth of the matter asserted. … The State specifically moved to qualify Earl as an expert in the field of drug chemistry and the trial court found her to be qualified in that subject.

Gore v. National Ass'n of Certified Public Accountants

231 Ill. App. 38 · Appellate Court of Illinois · Nov 27, 1923

The rule is well established that the facts that were heard and considered by the court must be shown by a certificate of the judge, and not of the clerk. … Appellant’s counsel does make that claim, to wit, that the District of Columbia is not a “State” within the meaning of the proviso above mentioned; but such claim, we think, is clearly unfounded in view of the evident purpose

Better Government Assocation v. Illinois High School District 230

56 N.E.3d 497 · Appellate Court of Illinois · Jun 24, 2016

App. 3d 1065 (2005), in which IHSA had sought protection under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … Instead, the challenged statements were legal arguments asserted by IHSA in an effort to establish immunity under the Tort Immunity Act.

Citizens for a Better Environment v. Pollution Control Board

152 Ill. App. 3d 105 · Appellate Court of Illinois · Jan 26, 1987

Administrative action taken under statutory authority will not be set aside unless it has been clearly arbitrary, unreasonable, or capricious. (Illinois Coal Operators Association v. … Courts adopted this high standard of review because administrative agencies are inherently more qualified to decide technical problems and the mechanics of dealing with those problems.

Stewart v. Boone County Housing Authority

2018 IL App (2d) 180052 · Appellate Court of Illinois · May 16, 2019

to put it another way, whether the rule of law as applied to the established facts is or is not violated.” … Critically, however, this statement is then qualified, with the following language appearing at the end of the subsection: “In making its decision to terminate assistance, the PHA will consider alternatives

People v. Jacobs

Appellate Court of Illinois · Nov 1, 2010

The Supreme Court also stated the analysts' affidavits did not qualify as official or business records. Melendez-Diaz, 557 U.S. at , 174 L. Ed. 2d at 328, 129 S. Ct. at 2538. … Instead, the certification does nothing more than establish the machine had been tested and was working properly.

Sanchez v. City of Chicago

352 Ill. App. 3d 1015 · Appellate Court of Illinois · Sep 30, 2004

The City asserted as affirmative defenses: immunity under section 3 — 102 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/3 — 102(a) (West 2002)), based on lack of actual … The plaintiff was not given the opportunity to demonstrate the factual basis for his complaint or establish any genuine issues of material fact.

Vokac v. The Berwyn Police Pension Fund

2025 IL App (1st) 240338 · Appellate Court of Illinois · Dec 24, 2025

so established.” … The decision also does not establish how the Board should determine the commencement date of pension payments; it simply found that section 3-114.1 does not establish the date.

People v. Siler

85 Ill. App. 3d 304 · Appellate Court of Illinois · Jun 16, 1980

Likewise, in this case it is asserted that the pending extradition warrant from Florida would establish Laxton’s bias, prejudice, or motive to testify falsely. … The victim clearly identified Siler. Laxton’s. testimony was merely corroborative of the events occurring after the offense.

People v. Hutchinson

2013 IL App (1st) 102332 · Appellate Court of Illinois · May 9, 2014

Id. ¶ 22 In this case, Parker Little was qualified to provide the necessary foundational testimony for the admission of defendant’s blood alcohol report. … The statute clearly allows that “results of chemical tests performed upon an individual’s blood are admissible into evidence regardless of the time that the records were prepared.” 625 ILCS 5/11-501.4(a)(3)

Reynolds v. Jimmy John's Enterprises, LLC

988 N.E.2d 984 · Appellate Court of Illinois · Apr 2, 2013

Smith, 231 Ill. 2d at 121, 896 N.E.2d at 238 (tort immunity); Jackson v. Randle, 2011 IL App (4th) 100790, ¶ 12, 957 N.E.2d 572 (standing); see also 4 Richard A. … their affirmative defense of immunity).

Bouhl v. Smith

130 Ill. App. 3d 1067 · Appellate Court of Illinois · Feb 26, 1985

Plaintiff does not dispute that defendant Smith qualified for the statutory exemption for emergency vehicles (Ill. Rev. … Where, as here, it is clearly established that the plaintiff performed no act or omission which could in any way be considered negligent, and the perilous situation which led to the accident was a creation of the defendant

The Decatur Park District v. City of Decatur

57 N.E.3d 631 · Appellate Court of Illinois · Jun 30, 2016

Prohibiting retaliation clearly promotes the purposes of the Human Rights Act. … According to the District, in the motion to dismiss it provided the Commission, the District established it was absolutely immune pursuant to the Tort Immunity Act because the alleged retaliatory actions would constitute

McCarty v. Weatherford

Appellate Court of Illinois · Nov 4, 2005

.; LYNN CRITES, Individually; ESTHER LAUSEN, Individually; and RAYNOR HOTEL COMPANY, a Delaware Corporation Qualified in Illinois, Defendants-Appellees, and HOLIDAY INNS, INC., a Tennessee Corporation Qualified in Illinois … We clearly do. We should require compliance with supreme court rules so that cases may be decided fairly and on their merits.

FREEMAN BY AND THROUGH FREEMAN v. Petroff

288 Ill. App. 3d 145 · Appellate Court of Illinois · May 16, 1997

Clearly, defendant’s conduct was a proximate cause of Sarah Ann’s injuries. … Clearly, the court is making reference to an established standard of care and the nonparty’s deviation from that standard.