Case law

Kaiserman v. Bright

61 Ill. App. 3d 67 · Appellate Court of Illinois · May 24, 1978

Thus, we feel that it is firmly established in Illinois that no recovery may be obtained in a wrongful death action for the loss of society. … While the facts relating to the accident itself were not specifically included in the count in question, they were clearly alleged in other portions of the complaint.

Jackson v. Seib

372 Ill. App. 3d 1061 · Appellate Court of Illinois · Apr 10, 2007

The plaintiff's oral motion for a directed verdict on the issue of liability only was clearly untimely, because the jury had begun deliberating. … To qualify as "scientific knowledge," an inference or assertion must be derived from the scientific method. Daubert, 509 U.S. at 590 , 113 S.Ct. at 2795 , 125 L.Ed.2d at 481 .

Sweeney v. City of Decatur

2017 IL App (4th) 160492 · Appellate Court of Illinois · Aug 2, 2017

a clearly mandated public policy in the context of a private employer. … Accordingly, we find plaintiff has failed to show the facts in his amended complaint establish a clearly mandated public policy protecting his speech at the February 2016 meeting.

Cannizzo v. Berwyn Township 708 Community Mental Health Bd.

Appellate Court of Illinois · Dec 22, 2000

The individual defendants moved to dismiss counts III through VI on various grounds, including defenses under the Local Governmental and Governmental Employees Tort Immunity Act, (745 ILCS 10/1-101 et seq . … The purpose of a section 2-619 motion to dismiss is to provide a mechanism to dispose of issues of law and easily proved issues of fact, and the cause of action should not be dismissed on the pleadings unless it is clearly

Svenson v. Miller Builders, Inc.

74 Ill. App. 3d 75 · Appellate Court of Illinois · Jun 29, 1979

NIELSEN: Miller Builders’ concept or philosophy of construction, if you like that better, is that in selecting a qualified subcontractor we assume he knows how to do his job and has performed it satisfactorily in the past … In the instant case the condition of the backfill and Miller’s responsibility for that condition were clearly at issue.

People v. Johnson

385 Ill. App. 3d 585 · Appellate Court of Illinois · Sep 8, 2008

Defendant concedes that the statements qualified under a well- established exception to the hearsay rule, namely, the exception for prior inconsistent statements. … Williams’ grand jury testimony qualified under section 5/115-10.1 because it was made under oath at an “other proceeding”; and the handwritten statement qualified because it described an event of which the witness had personal

Lake Point Tower, Ltd. v. Illinois Human Rights Com'n

291 Ill. App. 3d 897 · Appellate Court of Illinois · Aug 28, 1997

Lymph nodes are an important part of the body’s immune system because of their role in fighting infection. Some of her lymph nodes have been surgically removed. She suffers pain, fatigue, and malaise. … The Commission did not err in finding that Johnson established a prima facie case of discrimination.

Sekerez v. Rush University Medical Center

352 Ill. Dec. 523 · Appellate Court of Illinois · Jun 30, 2011

Specifically, plaintiff questioned the trial court's rulings which: (1) qualified Dr. Schlieben as a nephrologist/kidney expert; (2) allowed Dr. … We note that evidence presented in the trial court established that the administering of Lovenox carried certain risks.

People v. Wright

2026 IL App (1st) 240238 · Appellate Court of Illinois · Jun 5, 2026

The proponent of a business record can establish the necessary foundation by providing a certification that complies with Illinois Rule of Evidence 902 or by testimony of the custodian of the records or “other qualified … ¶ 67 Further, the general prohibition on double enhancement yields to legislative intent— “where the legislature clearly intends to enhance the penalty based upon some aspect of the crime, and such an intention is clearly

People Ex Rel. Waller v. Harrison

284 Ill. Dec. 799 · Appellate Court of Illinois · May 21, 2004

App. 3d 474 (2003), in support of its position that the clearly erroneous standard applies to our facts. … I believe that our approach in the instant case departs from sound precedents we have already established.

ROCKFORD POLICE BENEV. ASS'N v. Morrissey

398 Ill. App. 3d 145 · Appellate Court of Illinois · Jan 22, 2010

Our supreme court has consistently stated that "the extension of an existing privilege or establishment of a new one is a matter best deferred to the legislature." … Defendants assert that the award of over $14,000 in attorney fees is punitive and clearly excessive.

Hebert v. Cunningham

2018 IL App (1st) 172135 · Appellate Court of Illinois · Aug 12, 2019

The first part of that inquiry is clearly satisfied here, as the 401(k) account was explicitly awarded to the decedent. … The dissolution judgment further called for entry of a “Qualified Domestic Relations Order (QDRO)” that “establishe[d] Nancy’s one-half interest in the marital portion” of the pension. Id.

Hawthorne Race Course, Inc. v. Illinois Racing Board

366 Ill. App. 3d 435 · Appellate Court of Illinois · May 19, 2006

NJC argues that because it has a license to collect bets, it qualifies as a “wagering facility.” … The statutory formula again established an amount of recapture for Sportsman’s Park.

ABF Freight System v. Illinois Workers' Compensation Comm'n

2015 IL App (1st) 141306WC · Appellate Court of Illinois · Feb 19, 2016

Zelby’s interpretation because the recurrent disc herniation is clearly visible on the first MRIs.” … As such, these assertions do nothing to establish that an opposite conclusion to the Commission’s is clearly apparent. ¶ 22 Respondent also points out that the radiologist, like Zelby, also did not read the

Thomas v. University of Chicago Lying-In Hospital

221 Ill. App. 3d 919 · Appellate Court of Illinois · Nov 12, 1991

Galluzzo (1979), 77 Ill. 2d 279 , 396 N.E.2d 13 ), and the expert must demonstrate that she is otherwise qualified to give expert testimony on the case. … Clearly, Dr. Stewart is licensed in the same “school of medicine” as Dr. Pielet, and the first prong of the test for admission of expert testimony was satisfied. However, defendants assert that Dr.

Van Brunt v. Osterlund

351 Ill. App. 556 · Appellate Court of Illinois · Dec 21, 1953

Anna Van Brunt, plaintiff-appellant therein, was nominated in the will and was appointed and qualified as executrix in Rock Island county probate court on March 15, 1949. … The following rules of law are stated in this opinion: general pecuniary legacies draw interest from the time they are due and payable unless the will clearly establishes a contrary intention.

Village of Plainfield v. American Cedar Designs, Inc.

316 Ill. App. 3d 130 · Appellate Court of Illinois · Nov 20, 2000

When faced with an issue presenting a mixed question of law and fact, we must consider the matter according to the clearly erroneous standard of review. Zeitz v. Village of Glenview, 304 Ill. … As previously stated, section 3 of ordinance 674 provides that the “open storage of building material and equipment” may not be “established or expanded” in a residential district. (Emphasis added.)

American Federation of State, County & Municipal Employees v. Illinois State Labor Relations Board

210 Ill. Dec. 895 · Appellate Court of Illinois · Aug 4, 1995

Which issues are mandatory, and which are not, will be very fact-specific questions, which the IELRB is eminently qualified to resolve.” (Central City, 149 Ill. 2d at 523 .) … to make and enforce reasonable rules of conduct and regulations; to determine the departments, divisions and sections and work to be performed therein; to determine the number of hours of work and shifts per workweek; to establish

Anderson v. City of Kewanee

99 Ill. App. 3d 456 · Appellate Court of Illinois · Aug 27, 1981

The concepts of res judicata and estoppel by judgment are clearly established. … Clearly, Warner and Anderson were involved in the three 79 suits for reinstatement.

Stanila v. Joe

2020 IL App (1st) 191890 · Appellate Court of Illinois · Dec 22, 2020

Clearly, defendant’s July 25, 2019, motion, which on its face, was of the type contemplated by the Code and was timely filed. … CONCLUSION - 12 - No. 1-19-1890 ¶ 29 In sum, the record before us does not establish this court’s jurisdiction to consider defendant’s appeal and we must, therefore