Case law

People ex rel. Ryan v. Stonehedge, Inc.

288 Ill. App. 3d 318 · Appellate Court of Illinois · May 22, 1997

According to section 920.110, "[w]ells constructed prior to the adoption of this Part may not meet the criteria established. … In this case, the storage of more than 50,000 pounds of deicing salt is the event that qualifies Stonehedge as being a potential secondary source.

People v. Grampsas

2026 IL App (4th) 241205-U · Appellate Court of Illinois · Mar 2, 2026

Importantly, despite the State’s musings about withdrawing the immunity order, the State took no action to do so, the court’s immunity order remained in effect, and Harris never attempted to assert a privilege. … of a witness does not of itself establish the hazard of incrimination.”

Jones v. Rallos

Appellate Court of Illinois · Jun 25, 2008

Although defendant refers to the results as "confusing," putting the word in quotes as if to suggest that the results were not confusing, the record clearly shows that Damon Labs scored the Western Blot Essay result as … Rallos, as an internal-medicine physician, should have been qualified to interpret the results of this test, and that she breached this duty to her patient."

Berry v. City of Chicago

2019 IL App (1st) 180871 · Appellate Court of Illinois · May 23, 2019

“Municipal defendants are required to establish both of these elements in order to invoke immunity under section 2-201.” Van Meter, 207 Ill. 2d at 379. … Since the City has not established both elements of section 2-201 immunity under the Tort Immunity Act, dismissal of plaintiffs’ negligence claim pursuant to section 2-619 of the Code would be error.

Curi v. Murphy

Appellate Court of Illinois · Jun 27, 2006

Clearly, Dr. Messer did not testify as to a different standard for cardiologists. … In the special interrogatory, the jury clearly found Dr. Murphy negligent.

Roche v. County of Lake

126 Ill. App. 3d 976 · Appellate Court of Illinois · Aug 17, 1984

process are to serve summonses, subpoenas, and court orders, and to assist in executing eviction orders, property levies, and in replevin actions; that they have arrest powers and carry a firearm for which they have to qualify … Based on all the evidence, the element of intent necessary to show a Federal equal protection violation is clearly lacking.

Bachman v. General Motors Corp.

332 Ill. App. 3d 760 · Appellate Court of Illinois · Jul 29, 2002

The accuracy of the SDM’s recording function was established during the Frye hearing in this case. … In this case, the damage to Danielle’s Cavalier was clearly relevant.

People v. Frazier

2019 IL App (1st) 172250 · Appellate Court of Illinois · May 27, 2020

Anzia, was qualified at trial as an expert in the field of psychiatry, specifically in the diagnosis of PTSD. Dr. … As discussed, infra, however, defendant’s contentions fall short of establishing this defense.

In re Marriage of Main

2020 IL App (2d) 200131 · Appellate Court of Illinois · Nov 2, 2020

“Talandis is not dispositive because the failure to file an appellee’s brief does not establish or corroborate the answer to a certified question. … In order to qualify for waivers of court charges under section 5-105, litigants themselves must submit an application that details their financial status.

Washington v. Flash Aquisitions, LLC

2021 IL App (1st) 190325-U · Appellate Court of Illinois · Feb 26, 2021

All notices or offers shall clearly show the date the offer or notice was sent.” Id. § 5-14-050(a)(3) (amended Apr. 15, 2015). The tenant then has 21 days after receipt to accept. … Given that the undisputed facts establish that Flash failed to strictly comply with the ordinance, the only issue in dispute is whether the plaintiff met the qualified tenant criteria.

Kimble v. Earle M. Jorgenson Co.

Appellate Court of Illinois · Jun 9, 2005

Rejecting Jorgenson's "unreliability" argument, the circuit court stated: "I think this document is clearly a record kept in the ordinary course of business of what was believed to have occurred at the time. … Schipplein was unquestionably qualified to educate the jury about those forces, principles, and issues, and help them to make factual determinations.

People v. Davis

204 Ill. App. 3d 836 · Appellate Court of Illinois · Oct 25, 1990

The burden is on the defendant to establish that the circumstances existing at the time of the plea, judged by objective standards, justified the mistaken impression. … He was clearly admonished, told the court there were no promises made, and should not be allowed to have his plea of guilty set aside.

Mullaney, Wells & Co. v. Savage

5 Ill. App. 3d 1 · Appellate Court of Illinois · Mar 17, 1972

But as the court stated, paragraph 8 of the schedule attached to Article VI, established a transition period for this abolition by providing as follows: “Notwithstanding the provisions of Section 8 of this Article, masters … The statutory inhibition against assignment of magistrates to perform functions formerly exercised by masters in chancery was clearly intended to prevent a continuation of the master system in the future, not to interfere

Smart v. The City of Chicago

43 N.E.3d 532 · Appellate Court of Illinois · Oct 9, 2013

Clearly he did not. Smart's one- count complaint sounded in negligence, not premises liability. … Thus, the court found that the park district was immune under the Act.

People v. Henney

Appellate Court of Illinois · Sep 13, 2002

The burden is upon the proponent of the expert's testimony to establish the qualifications of the expert witness. Novak , 163 Ill. 2d at 104 . … Clearly, after 19 years of such work, Liese possessed knowledge and experience beyond that of a layperson with respect to educational assessments.

Allstate Insurance v. Winnebago County Fair Ass'n

131 Ill. App. 3d 225 · Appellate Court of Illinois · Feb 21, 1985

Specifically, they argue that the defendant qualified as a warehouseman within the meaning of “An Act to regulate the business of storing personal property for a compensation ***” (Ill. Rev. … Although the defendant clearly fits this definition, it contends that no purpose would be served by creating a special limited license for governmental fairs if they were to be considered the same as any other warehouseman

Illinois State Bar Association Mutual Insurance Company v. Leighton Legal Group, LLC

103 N.E.3d 1087 · Appellate Court of Illinois · May 22, 2018

This Case ¶ 42 On appeal, ISBA argues that the underlying complaint clearly alleged intentional conduct that is excluded from its policy. … Plaintiffs alleged that the in­ sured intentionally made these changes to establish a self-compensation scheme. These allega­ tions clearly allege intentional misconduct, which is excluded from coverage.

Nicte-Ha v. Teichert

119 Ill. App. 2d 336 · Appellate Court of Illinois · Jan 7, 1970

The defendants have failed to prove that the trial court clearly abused its discretion. In Taylor v. … A trial court has broad discretion in determining if a witness has been qualified as an expert. Northern Illinois Gas Co. v. Wienrank, 66 Ill App2d 60, 213 NE2d 411 , (1965).

Moore v. Moore

237 Ill. App. 190 · Appellate Court of Illinois · Mar 6, 1925

Moore’s clearly established ownership. This he studiously and faithfully avoided. Those claiming through him are bound to like fidelity. … The delivery, established so clearly by the circumstances, was made to her of the tangible evidence of the right to intangible property, interests in corporations.

People v. Simpkins

297 Ill. App. 3d 668 · Appellate Court of Illinois · Aug 6, 1998

I don’t believe this witness is qualified to testify in that respect. … A reviewing court will reverse a trial court’s determination pursuant to section 115 — 10 of the Code only when the record clearly demonstrates that the court abused its discretion.