Case law

Blake v. City of Pontiac

49 Ill. App. 543 · Appellate Court of Illinois · Dec 12, 1893

The building of a city calaboose and the regulations for the detention of prisoners to answer charges against the ordinances of the city are clearly within its police powers, and are not in their nature corporate acts. … This was an act the city was incapable of doing except through its constituted officer, the city marshal, or some other person duly qualified by law to act.

People v. Del Prete

2017 IL App (3d) 160535 · Appellate Court of Illinois · Mar 2, 2018

The court qualified Tucker as an expert in pathology and pediatrics over the State’s objection. … Flaherty comes in as a fully qualified expert in the field of pediatrics and child abuse medicine.

Brichacek v. Hampton

54 Ill. App. 2d 284 · Appellate Court of Illinois · Dec 9, 1964

Negligence or contributory negligence becomes a question of law only when the evidence is so clearly insufficient to establish due care that all reasonable minds must reach that conclusion. Pennington v. … Donald Miller was a witness on behalf of the plaintiff, and qualified himself as an expert in orthopedics.

In Re Ross

29 Ill. App. 3d 157 · Appellate Court of Illinois · Jun 4, 1975

Apparently the trial court felt qualified to question and analyze the testimony of psychologists. … It may very well be that the trial court was so qualified, but such separate testing and conclusions derived therefrom not shown of record would require reversal.

Carrico v. Delp

141 Ill. App. 3d 684 · Appellate Court of Illinois · Mar 10, 1986

A previous course of dealing may give meaning to or qualify an agreement. (Restatement (Second) of Contracts sec. 223, at 157-60 (1981).) … The primary objective in construing a contract is to give effect to the parties’ intent, greater regard being given to such intent when clearly revealed than to any particular words used.

People v. Rush Opinion text corrected Opinion text corrected (2nd time)

Appellate Court of Illinois · May 11, 2001

we do not believe that the Reddick rule established such a component of basic due process so as to fall within it." … But clearly Reddick and Apprendi deal with similar concerns and concerns that, in our view, are of commensurate gravity." Kizer , 318 Ill. App. 3d at 252 .

People v. Bruce

75 Ill. App. 3d 1042 · Appellate Court of Illinois · Aug 29, 1979

The defendant points out that the first sentence of section 110 — 7(g) is qualified by the later sentence that authorizes the court to enter judgment for the amount of bail provided in the bond only if the defendant fails … More importantly, the remarks of the trial court clearly indicate that the court would have set the forfeiture aside had one been declared as the defendant appeared within 30 days and entered a plea of guilty to the initial

Davis v. RETIREMENT BD. OF POLICEMEN'S ANN. FUND

30 Ill. App. 3d 318 · Appellate Court of Illinois · Jun 24, 1975

A statute is presumed to be valid and the burden is upon the party challenging the statute to establish its constitutional invalidity. ( Jaris v. … Judicial interference in the legislative function of establishing classifications is warranted only where the legislative action is clearly unreasonable.

Robbins, Coe, Rubinstein & Shafran, Ltd. v. Ro Tek, Inc.

23 Ill. App. 3d 705 · Appellate Court of Illinois · Oct 8, 1974

Nevertheless the mandatory application of these provisions has been qualified by the United States Supreme Court on two occasions. In Casey v. … Reynolds, our supreme court specificaUy recognized that “[a]ny person, whether resident or not of the county in which the original judgment is rendered, may be summoned as a garnishee,” reasoning that the legislature clearly

Fitzgerald v. Pratt

223 Ill. App. 3d 785 · Appellate Court of Illinois · Jan 16, 1992

The Illinois Workers' Compensation Act establishes a system of liability without fault where traditional common law defenses available to the employer are exchanged for the prohibition of common law suits against the employer … The Rodriguez court noted that it was an act motivated by prejudice against an ethnic group, and as such, reflected a pervasive societal problem from which the workplace is not immune.

People v. Brownlee

334 Ill. App. 3d 651 · Appellate Court of Illinois · Oct 16, 2002

The doctors recommended flu shots for all persons around Brianna B. because of her compromised immune system. … We find that overall the record clearly shows that respondent parents maintained interest and concern in Brianna B.

People v. Richardson

2011 IL App (5th) 90663 · Appellate Court of Illinois · Aug 17, 2011

To that end, the evidence that the defendant entered the clearly marked employees-only office area where he stole the lottery tickets and money was more than sufficient to prove that, with the intent … We disagree. ¶ 22 “To qualify as hearsay, an out-of-court statement must be offered to establish the truth of the matter asserted.” People v. Simms, 143 Ill. 2d 154, 173 (1991).

People v. King

78 Ill. App. 3d 879 · Appellate Court of Illinois · Nov 30, 1979

Such an approach is clearly the wrong one to take in addressing the important questions involved in this constitutional issue. … It is also clearly the standard applied by the majority of State courts which have addressed the issue.

USX Corp. v. Liberty Mutual Insurance

206 Ill. Dec. 391 · Appellate Court of Illinois · Dec 16, 1994

Any person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Director of the Department of Insurance as provided in this Section … Village of Hillside (1986), 114 Ill. 2d 246 , 499 N.E.2d 1307 (membership in intergovernmental risk management pool does not activate waiver of municipal tort immunity). We note that in Southern Home Insurance Co. v.

Bangert v. Emmco Insurance

349 Ill. App. 257 · Appellate Court of Illinois · Feb 26, 1953

The right of a conditional vendor to take back the property on breach where no rights of third parties are involved is upheld by many decisions in this State, and was clearly provided for by the contract in question. … The plaintiff did not qualify as an expert witness on the value of his own car.

People v. Bradi

107 Ill. App. 3d 594 · Appellate Court of Illinois · Jul 8, 1982

We believe the evidence clearly establishes the defendant had knowledge and constructive possession of the cocaine which was used as the basis of his conviction. … Therefore, his guilt was established beyond a reasonable doubt and his conviction should be affirmed.

Cathedral Rock of Granite City, Inc. v. Health Facilities Planning Board

Appellate Court of Illinois · Dec 9, 1999

It is not clearly evident that the Board should have denied the CON. … Code §1110.230(c) (1996)); (2) Rosewood was a qualified health care service provider for the community (77 Ill. Adm.

Union Tank Car Co. v. NuDevco Partners Holdings, LLC

2019 IL App (1st) 172858 · Appellate Court of Illinois · May 16, 2019

We cannot say the trial court’s decision to allow his testimony notwithstanding the fact that he was not qualified as an expert in the rental market of railroad cars was an abuse of discretion. See id. … this case, the evidence established that Union Tank did rely on the accuracy of the invoices in that it made payments based on them.

Midland Management Co. v. Helgason

241 Ill. App. 3d 899 · Appellate Court of Illinois · Feb 8, 1993

A HUD housing assistance payment rate is established for a specific rental unit and one qualified tenant. The tenant’s rent is established specifically for that tenant at that income. … We hold that the forfeiture of the lease was clearly waived by the acceptance of the June, July and August HUD payments after notice of termination.

Morris v. Williams

Appellate Court of Illinois · Aug 23, 2005

That ATV use was foreseeable does not establish willful and wanton conduct on Wilson's part. … The soybeans standing in and around the hole were clearly visible because the remainder of the field was harvested.