Case law

Finnan v. Johnson

111 Ill. App. 3d 479 · Appellate Court of Illinois · Jan 6, 1983

Mid-America contends on appeal that the evidence adduced in this cause established that Johnson acquired ownership of the 1965 GMC truck for purposes of insurance coverage on July 25, 1977. … App. 3d 34, 37-38 , the court clearly rejected the theory that a car is not “acquired” until made operative.

Hammer v. Slive

35 Ill. App. 2d 447 · Appellate Court of Illinois · May 29, 1962

Wilson, a qualified chemist and industrial hygienist, was offered as a witness to prove that tests were made on January 5, 1961, and that the samplings taken were negative as to carbon monoxide. … But this alone does not establish admissibility.

Novey v. Kishwaukee Community Health Services Center

176 Ill. App. 3d 674 · Appellate Court of Illinois · Nov 30, 1988

Once the requirement of a license to practice in the school of medicine to which the witness seeks to testify is satisfied, it lies within the sound discretion of the trial court to determine if the witness is qualified and … establishing familiarity with applicable standard of care).)

People v. Thompson

2017 IL App (5th) 120079-B · Appellate Court of Illinois · Jul 14, 2017

another in the planning or commission of attempted possession of anhydrous ammonia (id. ¶ 34), the essential disputed issue here is the identity of the suspect. ¶ 27 In the instant case, the surveillance video clearly … If no prejudice to the defendant is established, there is no need to separately determine whether counsel’s performance was deficient. People v.

Tuftee v. County of Kane

76 Ill. App. 3d 128 · Appellate Court of Illinois · Sep 10, 1979

The rationale for the court’s holding in Soil Enrichment Materials Corp. is simply that sooner or later the sludge became fertilizer, and fertilizer is clearly an element of agriculture. … It follows, under our holding in Cushman, that the county has no authority to establish acreage minimums to which it will grant the statutory right of exemption from zoning regulations.

Apa v. Rotman

288 Ill. App. 3d 585 · Appellate Court of Illinois · Jun 2, 1997

App. 3d 1038, 1042 (1995), we held that while a complaint may be dismissed where it fails to comply with the substantive requirements of section 2 — 622, that is, where it does not clearly identify the reasons for the health … We pointed out that, in a medical malpractice case, a plaintiff should be afforded every reasonable opportunity to establish his case. Steinberg, 276 Ill. App. 3d at 1042 .

Meyer v. Hurley

67 Ill. App. 3d 353 · Appellate Court of Illinois · Dec 14, 1978

On December 7, 1977, Hurley wrote Meyer a letter which said in part: “This is to advise you that I hereby withdraw any resignation previously submitted to be effective in February of 1978 or any date prior that you have established … Indeed the words “any resignation previously submitted” clearly indicate that Hurley was not conceding that any resignation at all had been submitted.

Hayes v. Adams

987 N.E.2d 402 · Appellate Court of Illinois · Feb 28, 2013

Thus, the court found that the defendant, by her presence at the time of the injury in conjunction with her legal ownership, “clearly established that she maintained care, custody, and control of her horse to … In addressing whether the city was immune from suit, the reviewing court stated that the plain language of the Act made the owner strictly liable. Id. at 560.

Foltz v. Hutson

281 Ill. App. 286 · Appellate Court of Illinois · Jul 17, 1935

condition of the bond of any public officer shall be violated, suit may be instituted and prosecuted against such officer and any or all of the sureties, or against one or more of them, jointly and severally, without first establishing … This was an attempt to vary the books and official records of the treasurer by parol testimony which was clearly incompetent.

Jones v. Chicago Osteopathic Hospital

250 Ill. Dec. 326 · Appellate Court of Illinois · Sep 20, 2000

App. 3d 710, 714 , 631 N.E.2d 266 (1994), “This is clearly a very difficult standard to meet, limiting the power of the circuit court to reverse a jury verdict to extreme situations only.” … A qualified physician should have recognized the signs of hyperstimulation and the baby’s late decelerations from the monitor strips.

Akinyemi v. JP Morgan Chase Bank, N.A.

391 Ill. App. 3d 334 · Appellate Court of Illinois · May 8, 2009

The record in the instant cause clearly demonstrates, and plaintiff outrightly admits, that defendant credited plaintiffs Workplace account with a $100 bonus deposit. … The record establishes that when a checking account is opened without direct deposit, defendant charges a $10 monthly service fee.

Zollman v. Jackson Trust & Savings Bank

141 Ill. App. 265 · Appellate Court of Illinois · May 19, 1908

maturity for a valuable consideration without knowledge of any defects and in good faith will be protected against the defenses of the maker, and the only thing which will defeat his title is bad faith on his part; and to establish … There are no such qualifying recitals in the case at bar.

Weber v. Village of Skokie

92 Ill. App. 2d 355 · Appellate Court of Illinois · Feb 27, 1968

So too in the case at bar, plaintiffs cannot attempt to sway the “test of reasonableness” to the Village’s disfavor by their claim to rights vested by a statute clearly not intended for such purpose. … Lest we are prepared to immunize from regulation all properties recorded under antedating plats of subdivision, the instant ordinance’s substantial and rational relationship to the legitimate objectives of restrictive zoning

Druck v. Illinois State Board of Elections

387 Ill. App. 3d 144 · Appellate Court of Illinois · Nov 26, 2008

law and fact (1) where the historical facts are admitted, (2) where the rule of law is undisputed, and (3) where the only remaining issue is whether the facts satisfy a statutory standard, will not be disturbed unless clearly … Illinois courts are guided by established rules of statutory construction.

Levine v. UL LLC

2023 IL App (1st) 221845 · Appellate Court of Illinois · Jun 20, 2023

To qualify as a “clearly mandated public policy” for purposes of the tort of retaliatory discharge, the alleged policy must not be limited to a restriction on government power but must, collectively not individually, “strike … See Turner, 233 Ill. 2d at 505-06 (“We do not read section 3 of the Medical Patients Rights Act to establish a clearly mandated public policy of patient safety that was violated by plaintiff’s discharge. *** It is apparent

Dichtl v. Foster McGaw Hospital

80 Ill. App. 3d 401 · Appellate Court of Illinois · Jan 22, 1980

Listed among those assets was a “Medical Insurance policy issued to decedent by American Health and Life Insurance Company 0 0 0 with maximum amount payable of *150,000.00 and *750 minimum qualifying amount.” … We believe, however, that Schloegl is clearly distinguishable and that Ilg and not Schloegl controls the disposition of this case.

Custer v. Cerro Flow Products, Inc.

2018 IL App (5th) 160161 · Appellate Court of Illinois · Dec 19, 2018

¶ 13 The Qualified Settlement Fund ¶ 14 On August 6, 2015, the plaintiffs in the 2009 cases filed a motion to establish a “Qualified Settlement Fund” and to appoint Lexco Consulting … an order in the 2009 cases, granting the motion to establish the Qualified Settlement Fund.

Lacey v. Perrin

53 N.E.3d 90 · Appellate Court of Illinois · Dec 24, 2015

He clearly was being called upon to execute or enforce a law. … To establish that the jury’s verdict is against the manifest weight of the evidence, the plaintiff must show that the opposite conclusion is clearly evident or that the findings of the jury are unreasonable, arbitrary,

Sears v. Charwil Assoc.

Appellate Court of Illinois · Mar 8, 2007

Land- lord will obtain and maintain in a reputable insurance company or companies qualified to do business in the City of St. … -13- 1-05-3511 Second, Sears did not have to show that Charwil breached its promise to indemnify in order to establish its claim that Charwil breached its promise to obtain and maintain

People v. Garcia

52 Ill. App. 2d 481 · Appellate Court of Illinois · Oct 22, 1964

Charles Vondrak were called to testify, he would testify that he is a qualified chemist employed by the Chicago Police Department Crime Detection Laboratory. … These admissions, added to the testimony regarding the results of the field test were clearly sufficient to enable the jury to find that the substance confiscated was in fact a narcotic drug.