Case law

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  • Greene v. Passavant Memorial Hospital Ass'n

    2020 IL App (4th) 190718-U · Appellate Court of Illinois · Aug 3, 2020

    Leutz acted in a willful or wanton manner causing physical harm and thereby excluding his actions from the qualified immunity under the Hospital Licensing Act (210 ILCS 85/10.2 (West 2010)). … Leutz’s immunity under the Illinois Hospital Licensing Act.

    Cited 0 timesUnpublished
  • Maness v. Santa Fe Park Enterprises., Inc.

    298 Ill. App. 3d 1014 · Appellate Court of Illinois · Aug 27, 1998

    the racemeet for which this Pit Permit has been issued from all liability for personal injury or property damage whether arising from claims of negligence, gross negligence or any other cause, while preparing, practicing, qualifying … Count III was dismissed based upon the releases signed by Maness, which the court found to clearly absolve defendants from liability for negligent and grossly negligent acts.

    Cited 21 timesPublished
  • Austin v. City of East Moline Board of Fire & Police Commissioners

    7 Ill. App. 3d 537 · Appellate Court of Illinois · Sep 27, 1972

    Further the appellant attempts to establish various motives which would tend to show that Officer Grafton rather than the appellant was guilty of the charge. … However, evidence clearly places the appellant at the scene of the alleged theft, established that the rifle was missing, further showed that an Officer Thiron was ordered from the office where the rifle was located, that

    Cited 12 timesPublished
  • St. Mary of Nazareth Hospital Center v. Curtis

    163 Ill. App. 3d 566 · Appellate Court of Illinois · Nov 19, 1987

    If a prima facie case is established, the plaintiff creates a rebuttable presumption that the employer unlawfully discriminated against him. … Second, to rebut the presumption, the employer must clearly articulate a legitimate, nondiscriminatory reason for its employment decision.

    Cited 8 timesPublished
  • In re Marriage of Morse

    143 Ill. App. 3d 849 · Appellate Court of Illinois · Mar 10, 1986

    Because respondent’s witness was not qualified as an expert, he was not allowed to explain his basis for valuing the insurance agency at $75,000. … Respondent contends that the award of attorney fees constitutes an abuse of discretion because petitioner failed to establish that she is unable to pay the fees and that respondent is able to do so.

    Cited 39 timesPublished
  • People v. Townsel

    427 Ill. Dec. 437 · Appellate Court of Illinois · Oct 9, 2018

    ¶8 Clearly, the complaint “charged” defendant with a felony. … Thus, defendant was clearly charged with a felony, regardless of the formal requisites for filing a felony charge.

    Cited 1 timesUnpublished
  • People v. Stocke

    212 Ill. App. 3d 547 · Appellate Court of Illinois · Apr 23, 1991

    The legislature has clearly authorized home confinement as a penalty for a petty offense, if imposed as a condition of conditional discharge. … As such, it clearly does not fall within the definition of “violent crime,” and the parties to whom defendant was ordered to make restitution do not qualify as “victims” within the meaning of the restitution statute.

    Abrogated on other grounds by People v. Lowe, 153 Ill. 2d 195 (1992)Cited 10 timesPublished
  • People v. Tolbert

    2021 IL App (1st) 181654 · Appellate Court of Illinois · May 11, 2021

    Hansen, 2011 IL App (2d) 081226, held that a clearly legible postmark was sufficient proof of timely mailing of notice of appeal. But see People v. Lugo, 391 Ill. … The clearest indication that the rule intended to avoid any kind or quality of postmarks is its complete absence in the rules, with or without a qualifier.

    Cited 1 timesPublished
  • In re Jaylynn C.

    2025 IL App (5th) 250448-U · Appellate Court of Illinois · Sep 17, 2025

    The children appeared happy in their foster care placement and were brought up to date on their medical exams and immunizations. … The children’s medical examinations and immunizations were current, and they appeared to be thriving in the foster home.

    Cited 0 timesUnpublished
  • Benton v. Little League Baseball, Inc.

    2020 IL App (1st) 190549 · Appellate Court of Illinois · Jun 30, 2020

    Given that it is Little League’s burden to establish a lack of standing, it has demonstrably failed. … They also do not specify how count III, brought by the parents, qualifies as defamation per quod.

    Cited 1 timesPublished
  • People v. Guyon

    117 Ill. App. 3d 522 · Appellate Court of Illinois · Aug 24, 1983

    It is well established that a defendant is entitled in cross-examination to develop all circumstances within the knowledge of a witness which explain, qualify, discredit or destroy his direct testimony. (People v. … There was clearly sufficient independent evidence to establish Melvin’s guilt. He was identified by both women on three separate occasions: from his photograph, in the lineup, and again in court.

    Cited 29 timesPublished
  • Metropolitan Life Insurance v. Ohlhaver

    284 Ill. App. 477 · Appellate Court of Illinois · Mar 24, 1936

    It is first insisted by appellant that this finding is manifestly and clearly against the weight of the evidence and second that if, from an examination of the evidence, this court concludes that the improvement did enhance … Callan, a qualified and experienced real estate broker living in Aurora, was a witness called by appellee, and on cross-examination he testified that the land was not well located for a golf club.

    Cited 2 timesPublished
  • Davis v. Haas & Haas Inc.

    Appellate Court of Illinois · Apr 21, 1998

    An erroneous order is immune from collateral attack once the time for judicial review has lapsed. Ward , 395 Ill. at 363 , 70 N.E.2d at __ . … Clearly, this result is not tenable.

    Cited 0 timesPublished
  • Tierney v. Community Memorial General Hospital

    206 Ill. Dec. 279 · Appellate Court of Illinois · Dec 2, 1994

    They claim that the evidence conclusively established that Dr. … He said he would "probably expect a reasonably well qualified doctor to be able to hear a murmur any time he put a stethoscope to it including June 2.” Dr.

    Cited 45 timesPublished
  • Anderson v. Chicago Transit Authority

    2019 IL App (1st) 181564 · Appellate Court of Illinois · Oct 8, 2019

    Yet, as the parties’ arguments reveal, exactly when a person becomes or ceases to become a passenger on a common carrier is not clearly defined under the law and depends on varying circumstances. … Plaintiff therefore failed to establish a legal duty.

    Cited 10 timesPublished
  • Grassroots Collaborative v. City of Chicago

    2020 IL App (1st) 192099 · Appellate Court of Illinois · Dec 15, 2020

    Plaintiffs contend this frustration of mission and diversion of resources constituted an injury sufficient to establish their standing under Havens. … I think this statement clearly constitutes a request for leave to amend if the trial court concluded (as it did) that the allegations in plaintiffs’ complaint did not support a finding of standing.

    Cited 1 timesPublished
  • Ploense v. Electrolux Home Products, Inc.

    377 Ill. App. 3d 1091 · Appellate Court of Illinois · Dec 28, 2007

    The Chrome Coalition has never engaged in substantial business activities in the State of Illinois [ ] [and never] has otherwise established or sought to establish a presence in Illinois. 13. … This is not to say that the Chrome Coalition is immune from liability for civil conspiracy — any more than Seaway and World-Wide were immune from liability for the alleged defect in their product.

    Cited 24 timesPublished
  • Of v. Howe

    96 N.E.3d 516 · Appellate Court of Illinois · Dec 29, 2017

    by a qualified domestic relations order. … In sum, Thomas concluded that the marital settlement agreement clearly set forth the parties' intent that Joanne was to receive 50% of the marital portion of his fireman's annuity, not of his disability benefits, which he

    Cited 4 timesPublished
  • People v. Hayward

    2023 IL App (1st) 220360-U · Appellate Court of Illinois · Jun 20, 2023

    So, while the cases are helpful to establish the general principles of prohibited double enhancements, they do not speak to whether section 5-4.5-110 clearly expresses a legislative intent to allow for the enhancement of … We find that the legislation clearly intends for such an enhancement.

    Cited 1 timesUnpublished
  • People v. Unander

    404 Ill. App. 3d 884 · Appellate Court of Illinois · Sep 28, 2010

    The State argues Evangelista is distinguishable from this case because the evidence clearly established the defendant there had previously provided a DNA sample. See Evangelista, 393 Ill. … All such fees collected shall be deposited by the county in a fund to be established and known as the Arrestee’s Medical Costs Fund [(Fund)].

    Cited 33 timesPublished

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