Case law

Illinois Municipal League Risk Management Association v. State Farm Fire and Casualty Company

2016 IL App (1st) 131180 · Appellate Court of Illinois · Feb 2, 2016

The contract required Lynwood to notify the Association of any occurrence, and the contract established the Association's right and duty to defend Lynwood. … Because the county did not qualify as an insurer, it could not count as a primary insurer.

Lake Point Tower Ltd. v. Human Rights Comm'n

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.

People v. Szypcio

307 Ill. App. 3d 609 · Appellate Court of Illinois · Aug 27, 1999

To relieve such a suspension, the trial court may order the Secretary to issue a JDP to qualified individuals. 625 ILCS 5/6 — 206.1 (West 1998). … Section 6 — 208.1 establishes the time period for various alcohol- and drug-related suspensions.

O'Malley v. Udo

459 Ill. Dec. 533 · Appellate Court of Illinois · Jan 14, 2022

Whether plaintiff qualifies as an employee under the statute is a mixed question of law and fact subject to the clearly erroneous standard of review. Anderson v. First American Group of Cos., 353 Ill. … Clearly, plaintiff’s work at IAT was necessary to the business.

Szymakowski v. Szymakowski

185 Ill. App. 3d 746 · Appellate Court of Illinois · Jun 22, 1989

It is well established that an administrator of an estate stands in a fiduciary relationship to the beneficiaries under the Wrongful Death Act (Ill. Rev. … Under Maga, Frank and Verbena clearly are not entitled to recover under the Wrongful Death Act. However, Maga was decided in November 1987.

Predny v. Village of Park Forest

164 Ill. App. 3d 688 · Appellate Court of Illinois · Jan 22, 1988

This argument is clearly without merit. … It is well established that if no such extension has been granted, a party may not seek post judgment relief beyond the 30-day period unless ***.” (Emphasis added.)

Highland Park Hospital v. Department of Revenue

155 Ill. App. 3d 272 · Appellate Court of Illinois · May 6, 1987

Our supreme court established the following principles which constituted the frame of reference to determine whether or not a use was in fact exclusively for charitable purposes: (1) the use was for the benefit of an indefinite … Francis was clearly deemed to be an institution of public charity and the fact that the vast majority of patients paid for care was not a valid basis to remove that classification “so long as charity was dispensed to all

Carolan v. City of Chicago

428 Ill. Dec. 144 · Appellate Court of Illinois · Jun 18, 2018

Finally, the circuit court found that plaintiffs could not establish proximate cause because the legal cause of Norton’s death was the independent criminal act of a third party and legal cause is not established where the … Regardless, the 911 call here clearly requested police intervention in response to a robbery in progress and therefore involves a police protection service for the purposes of section 4-102 of the Tort Immunity Act, which

People v. Zayas

159 Ill. App. 3d 554 · Appellate Court of Illinois · Jun 26, 1987

The court found Braun to be highly qualified in the field and also found the State was not required to establish that hypnosis was a field possessing a reasonable degree of scientific certainty. … However, our supreme court has subsequently determined that Daley does not apply retroactively, nor would the death-qualifying of a jury despite such a proper waiver prejudice a defendant. People v.

People Ex Rel. Hartigan v. Community Hospital

189 Ill. App. 3d 206 · Appellate Court of Illinois · Sep 21, 1989

To support this argument, the Bank notes that the question in Kinzer involved application of the Illinois Governmental Tort Immunity Act to the plaintiff’s claims. … “[T]he law regarding third-party beneficiaries is well established. A third-party beneficiary may sue for breach of a contract made for his benefit. (Carson Pirie Scott & Co. v. Parrett (1931), 346 Ill. 252, 257 .)

People v. Poliquin

97 Ill. App. 3d 122 · Appellate Court of Illinois · Jun 1, 1981

I Defendant contends the trial court should have excluded certain statements he made in reliance on promises of immunity or leniency. … In the instant case, the trial court concluded the State made no promises of immunity or leniency.

Karraker v. Eddleman

101 Ill. App. 23 · Appellate Court of Illinois · Mar 3, 1902

Karraker is the duly appointed and qualified assignee of the estate of the copartnership of Linnell & Miller. … applies where one becomes a partner with another in a business already established.

Fried v. Polk Brothers, Inc.

190 Ill. App. 3d 871 · Appellate Court of Illinois · Nov 9, 1989

She petitioned that Samuel Polk, David Polk’s named executor, be appointed as such, stating that he was “qualified and willing to act as executor.” … Samuel Polk’s petition clearly alleged the method of valuation of the stock as provided for in the survivorship agreements referred to in David Polk’s will.

Dallas v. Granite City Steel Co.

64 Ill. App. 2d 409 · Appellate Court of Illinois · Nov 8, 1965

It is defendant’s contention that there is no evidence which shows how plaintiff was injured, and that there is no testimony in the record to establish what instrumentality caused plaintiff’s injury. … Defendant contends that the court committed reversible error in the manner and words used to inform the jury that plaintiff was not qualified to testify.

Steel & Machinery Transportation, Inc. v. Illinois Workers Compensation Commisssion

2015 IL App (1st) 133985WC · Appellate Court of Illinois · Jul 21, 2015

Ramos testified that once an applicant is qualified and executes an independent-contractor agreement, it is respondent’s responsibility to “continuously monitor” the driver’s status. … In my view, the manifest weight of the evidence in this case establishes that the claimant was an independent contractor, not an employee.

The Instrumentalist Co. v. Band, Inc.

134 Ill. App. 3d 884 · Appellate Court of Illinois · Jun 28, 1985

Here, the evidence establishes that although The Instrumentalist is published in Illinois, its subscribers and advertisers are located throughout the United States, and indeed, in several foreign countries. … As it is, the covenant clearly prohibits the type of employment in which Neidig was engaged with Band.

Gulino v. Zurawski

2015 IL App (1st) 131587 · Appellate Court of Illinois · Dec 28, 2015

Although TTP can result from an auto-immune disease, in more than 50 percent of TTP patients, the cause of the disease is unknown. … qualified to offer such testimony.

Peter J. Hartmann Co. v. Capital Bank & Trust Co.

Appellate Court of Illinois · May 15, 1998

Superfund reimbursement, it never qualified the site for Illinois E.P.A. Superfund reimbursement, it did nothing to trigger Illinois E.P.A. … No cause of action should be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the complainant to recover. Bryson , 174 Ill. 2d at 86-87 .

Teich v. Teich

132 Ill. App. 2d 348 · Appellate Court of Illinois · Apr 8, 1971

The court said (p. 187): "This allegation clearly presents no basis for a claim of duress inasmuch as it is well established that it is not duress to institute or threaten to institute civil suits, or for a person to declare … It does not follow, however, that the property-settlement agreement is likewise immune from further judicial inquiry.

Swope v. Northern Illinois Gas Co.

251 Ill. App. 3d 850 · Appellate Court of Illinois · Nov 2, 1993

Of course, our finding that no duty exists under the facts presented here does not provide complete immunity to landowners who are negligent in the construction and maintenance of access roads. … Clearly no construction was underway in this case, as the record indicates that the permit for construction of defendant’s access road was issued in 1958.