Case law

People v. Martinez

335 Ill. App. 3d 844 · Appellate Court of Illinois · Nov 27, 2002

Betzelos to establish his consent defense. Betzelos was an attending emergency room doctor. … Thus, the jury clearly had the issue of consent before it. III.

People v. Wolski

83 Ill. App. 3d 17 · Appellate Court of Illinois · Mar 24, 1980

We are satisfied, contrary to defendant’s argument, that the complaint established probable cause. The first and second factual allegations establish the probability that a homicide had taken place. … The Davis opinion upon which the Stombaugh court relied clearly qualified, however, the admissibility of evidence of a decedent’s character trait by stating it must be a trait of which defendant was aware at the time of the

Bane v. Bane

246 Ill. App. 229 · Appellate Court of Illinois · Oct 31, 1927

Bane, executors of this my last will and testament and direct that they be allowed to qualify and act without bond.” … Fisher, supra, the grounds for equitable jurisdiction were stated: “The facts in-the case at bar bring it clearly in the equitable jurisdiction of a court of chancery as thus defined.

In Re Marriage of Petraitis

263 Ill. App. 3d 1022 · Appellate Court of Illinois · Aug 20, 1993

Busby’s opinion, he overlooks the fact that the Singer Center report and the support services report of social worker Donna Soldana are reports of qualified experts. … Busby, it was not established that those problems were attributable to Cynthia’s inability to provide discipline.

Erlich v. Nyberg

78 Ill. App. 3d 500 · Appellate Court of Illinois · Nov 9, 1979

The Code also provides that one who qualifies as a bona fide purchaser “acquires the security free of any adverse claim” (Ill. Rev. … App. 2d 59 , 210 N.E.2d 28 ), unless the finding of fact is clearly wrong (Day v. Day (1961), 33 Ill. App. 2d 247 , 178 N.E.2d 203 ; see also 2 Ill. L. & Prac. Appeal & Error §788 (1953)).

Fier v. Chicago Orpheum Co.

295 Ill. App. 247 · Appellate Court of Illinois · May 3, 1938

Defendant’s theory, as stated in its brief, is that “it is not an insurer of the safety of actors appearing on its stage; that the plaintiff cannot recover unless he establishes the negligence he alleged; that he completely … Isn’t this a case of res ipsa loquiturf” If the court predicated its judgment upon the views thus expressed it would be clearly erroneous.

Waterman v. Resseter

45 Ill. App. 155 · Appellate Court of Illinois · Aug 3, 1892

The court held the agreement was clearly within the statute of frauds and perjuries. … If we test the case by the rules above laid down by our Supreme Court and which have never been changed by any subsequent opinion, we think the appellant entirely fails to establish any new consideration.

People v. Harbold

124 Ill. App. 3d 363 · Appellate Court of Illinois · May 18, 1984

The trial court sustained the objection to this clearly improper comment. … If defendant had raised these apparent inconsistencies, the experts might have qualified their testimony or given a satisfactory explanation.

In Re Marriage of Weiss

129 Ill. App. 3d 166 · Appellate Court of Illinois · Nov 28, 1984

Johnston, a qualified real estate appraiser appointed by the court, testified that the fair market value of the land and buildings was $715,000. … As we have noted, in the instant cause the business was clearly declining. We further believe there was adequate evidence in the record for the court to properly determine the value of Frederick’s stock in Weiss, Ltd.

Lundquist v. Allstate Insurance

314 Ill. App. 3d 240 · Appellate Court of Illinois · Jun 19, 2000

Clearly, the question of whether a particular house is occupied depends upon the specific facts of each case. Our research has revealed no Illinois case involving a factual situation similar to the instant case. … His insurer, State Farm, claimed that the home did not qualify as the insured’s “residence premises” because the insured did not reside there for the eight months prior to the fire, while he was incarcerated.

People v. Burns

67 Ill. App. 3d 361 · Appellate Court of Illinois · Dec 18, 1978

She would then use her skill in establishing short-term relationships with persons who fed and sheltered her for several days at a time. … This is in contrast to the State’s failure to offer the testimony or opinion of any qualified professional that the juvenile court lacked facilities which could benefit the defendant.

People v. Karim

367 Ill. App. 3d 67 · Appellate Court of Illinois · Jul 28, 2006

Ct. 1860, 1879 (1961) (“ ‘The ultimate test [for admissibility] remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness. … The reason behind Supreme Court Rule 341(h)(7) is well established. “ ‘A reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented [citation], and it is not

Lyons v. Whittington

109 Ill. App. 3d 197 · Appellate Court of Illinois · Sep 14, 1982

The circuit court was exercising its probate jurisdiction in accordance with the statutory authority set out in section 19 — 8, and the guardian, Jean Lyons, was clearly subject to that jurisdiction since her powers derive … In the event his heirship is established, he will, of course, also receive his proportionate share of Ralph’s estate, including a portion of the wrongful death settlement of $5,500.

Dryvit System, Inc. v. Rushing

132 Ill. App. 3d 9 · Appellate Court of Illinois · Mar 28, 1985

In each of the following cited cases, however, although there were no geographical restrictions, the geographical prohibition was qualified by an activity restraint. (See 73 Harv. L. … We conclude that the court was establishing a standard of reasonableness to be considered in all restraint of trade cases. That is a position adopted by the Restatement (Second) of Contracts sec. 188 (1981).

Pidgeon v. State Board of Elections

234 Ill. App. 3d 490 · Appellate Court of Illinois · Sep 3, 1992

The Board moved to dismiss plaintiff’s complaint for the following reasons: (1) plaintiff lacked standing; (2) the Board was entitled to sovereign immunity; (3) plaintiff’s claims were barred by laches-, (4) plaintiff did … Lang (1988), 125 Ill. 2d 306, 324 , 531 N.E.2d 790, 798 , to be relevant to the case before us: “[T]he principle is well established that the Constitution is not a grant of power to the General Assembly but only checks the

Martin v. Layman

2025 IL App (4th) 240278 · Appellate Court of Illinois · Nov 21, 2025

Plaintiff argued that Layman owed a duty of ordinary medical care to Rhonda and was not protected by statutory immunity. … Rather, the case law clearly establishes that the factors plaintiff relies on as evidence of control are insufficient to negate their independent contractor status, and SAH is entitled to summary judgment on the

Tykalowicz v. Metropolitan Life Insurance

249 Ill. App. 280 · Appellate Court of Illinois · Jun 1, 1928

The questions and answers aforesaid did not in any way qualify appellee’s right to recover. Under the authorities above cited, the declaration would have been good if those questions and answers had been omitted. … The objections made clearly show that appellant was making no contention that the policy was not executed by it, but was insisting that appellee should offer the entire policy in evidence instead of a portion thereof.

Oommen v. Glen Health & Home Management Inc.

2020 IL App (1st) 190854 · Appellate Court of Illinois · Nov 20, 2020

To succeed on such a claim, a plaintiff must establish that (1) he was an employee, (2) he “was dismissed in retaliation for his activities,” and (3) the dismissal was “in contravention of a clearly mandated … This is, in our view, contrary to well established principles of statutory construction.

Northwest Hospital v. Illinois Health Facilities Planning Board

59 Ill. App. 3d 221 · Appellate Court of Illinois · Apr 6, 1978

more qualified to decide technical problems and the mechanics of dealing with them. … Defendant concedes that plaintiff established a need for additional medical/surgical and intensive care beds. The only area of dispute is the number of beds that should be added.

People v. Boand

362 Ill. App. 3d 106 · Appellate Court of Illinois · Nov 16, 2005

In Willer, we held that the evidence did not establish a common method in the defendant’s perpetration of the sex offenses. … Vagueness Due process requires that the proscriptions of a criminal statute be clearly defined.