Case law

Qualkinbush v. Skubisz

357 Ill. App. 3d 594 · Appellate Court of Illinois · Mar 31, 2005

However, when read in context, the legislative concerns are clearly related to in-booth voting as established by the very language of the comments. … Thus, clearly the election authority was not at fault.

Schiff v. Friberg

Appellate Court of Illinois · May 20, 2002

Friberg asserts that while plaintiff here established a duty to disclose a risk, she failed to establish through expert testimony, given to a reasonable degree of medical certainty, that her injury was caused by the risk … Levy was not qualified to establish the standard of care applicable to Dr. Friberg *** as plaintiff had no expert medical testimony to establish a prima facie case of medical negligence ***." Dr.

CNA Casualty v. E.C. Fackler, Inc.

Appellate Court of Illinois · Sep 20, 2005

The exclusions page was clearly titled, " Third-Party Administrators /Insurance Agents and Brokers Endorsement." (Emphasis added.) … The claims made here clearly are in connection with the "governmental intervention" alleged by CNA. We believe both parts of the exclusion apply to this case.

Catalano v. Pechous

69 Ill. App. 3d 797 · Appellate Court of Illinois · Mar 20, 1979

VII, §6(f)), and his position as Berwyn’s city clerk denote an elected position of high rank comparable to the positions of those officials given absolute immunity in Blair v. … In response, defendant Pechous’ affidavit merely states that he “was the duly elected qualified and acting City Clerk and was obliged to keep all City Records, documents and journals] of council meetings * * * to make available

People v. Ladd

Appellate Court of Illinois · Mar 11, 1998

The delay that followed is clearly a delay that defendant occasioned. … Clearly, time ran out far in advance of defendant's October 17, 1995, trial date. Defendant qualified for discharge on the day trial began. However, defendant failed to raise a motion for discharge after the time ran.

Dow v. Columbus-Cabrini Medical Center

274 Ill. App. 3d 653 · Appellate Court of Illinois · Jun 14, 1995

We find, therefore, that the standards for establishing the existence of binding contractual rights under Duldulao have been satisfied. … There is clearly an inconsistency where, under two related policies which make reference to one another, a terminated employee is considered "retired” for some purposes but denied the status for others.

Drayson v. Wolff

277 Ill. App. 3d 975 · Appellate Court of Illinois · Feb 5, 1996

The language of the deed clearly indicates that the parties intended the right of repurchase to be binding on every grantee until the year 2019. … Grantor and the owner of the Property ('Owner’) shall each select a qualified real estate appraiser and the two appraisers thus selected shall choose another qualified real estate appraiser.

People v. Vanzandt

287 Ill. App. 3d 836 · Appellate Court of Illinois · Apr 30, 1997

But it definitely will effect [szc] your ability, your coordination, it will effect [szc] your ability to think clearly. It can cloud your thinking, I should say. … Although Hafford testified that alcohol would affect a diabetic’s blood sugar level, which in turn would affect a person’s coordination and ability to think clearly, he is not qualified to give expert testimony on the complex

Lefton Iron & Metal Co. v. Illinois Commerce Commission

174 Ill. App. 3d 1049 · Appellate Court of Illinois · Aug 16, 1988

(TRRA) introduced evidence before the defendant Illinois Commerce Commission (Commission) that the proposed rate would result in revenue of $404 per car and that its variable cost was $249.54 per car, thereby seeking to establish … We cannot say that the order of the Commission is clearly against the manifest weight of the evidence. For these reasons, the judgment of the circuit court of Cook County is affirmed. Judgment affirmed.

Gannon v. CHICAGO, M. ST. P. & P. RY. CO.

25 Ill. App. 2d 272 · Appellate Court of Illinois · Mar 23, 1960

These facts clearly indicate that the owner actually supervised the work and was fully advised of a pertinent defect which violated a statutory directive. … If the legislature had wanted to make all owners liable, whether they had charge of the work or not, it would have been a simple matter — and certainly the logical solution — to omit the qualifying phrase "having *280 charge

People v. Johnson

123 Ill. App. 3d 1008 · Appellate Court of Illinois · Apr 30, 1984

Clearly, such a lineup cannot be said to be unnecessarily suggestive to require the exclusion of the out-of-court identifications. … While the prints obtained as a result of this process clearly show the peculiar marks left by the tool, yet only an expert would be qualified to compare them with the burr on the crowbar.” ( 14 Ill. 2d 581, 591-92 , 153 N.E

Chicago City Railway Co. v. Leach

80 Ill. App. 354 · Appellate Court of Illinois · Mar 14, 1899

If appellee has fairly established by the evidence that Golden (though not an incompetent gripman) so negligently managed the train, of which he was the gripman, as to causa the injury complained of, that appellee was in … But the abuse of discretion vested in the trial judge can not be clearly seen to have been so harmful in this case as to call for us to reverse the judgment on that account. W. C. St. R. R. Co. v. Annis, 165 Ill. 475 .

People v. Negron

984 N.E.2d 491 · Appellate Court of Illinois · Oct 4, 2012

The tissue was then sent to the Illinois State Police for testing. ¶ 12 Pauline Gordon, a forensic scientist with the Illinois State Police, was found qualified as an expert in forensic biology and DNA … The Williams plurality noted that the DNA report was not clearly prepared for the primary purpose of accusing one targeted individual, as the defendant was not under suspicion when the victim’s swab samples

Prospect Heights Fire Protection District v. Department of Employment Security

2021 IL App (1st) 182525 · Appellate Court of Illinois · Mar 16, 2021

As such, the Board’s finding will not be disturbed unless it is clearly erroneous. … jurisdictions awarding unemployment benefits, the rationale is that mandatory retirement is by its nature a forced retirement, that it is not an act of volition by the employee and if he is otherwise qualified

Lancaster v. Prussing

139 Ill. App. 33 · Appellate Court of Illinois · Oct 28, 1907

Among those parties are the plaintiffs in error, and as to them it stands fast and firm, alike immune from either direct or collateral attack. … Failing so to do, the decree concludes them from now availing of that defense, which we have clearly shown is without legal force or merit.

Herndon v. Kaminski

461 Ill. Dec. 714 · Appellate Court of Illinois · Feb 24, 2022

However, each count that is clearly labeled “Dram Shop Act” (counts II through IX) prays for judgment “in an amount to fully and fairly compensate -9- 2022 IL App (2d) … Herndon argues that prohibiting family members from recovering for the loss of society of an unborn fetus grants immunity to liquor purveyors that contribute to collisions causing fatalities.

Pettigrew v. Putterman

Appellate Court of Illinois · May 28, 2002

Summary judgment on this count was clearly improper. II. … Although defendant may be able to establish at trial that the belief of both Dr.

Centerpoint Porperties Trust v. Olde Prairie Block Owner, LLC

Appellate Court of Illinois · Feb 10, 2010

In Home Life, the defendant argued, as OPBO does here, that there was good cause for not appointing a receiver because there was no more qualified manager for the property than the current manager and negotiations with … That is clearly not the standard under the Act, where there is a presumption in favor a mortgagee’s right to possession of nonresidential property during a mortgage foreclosure proceeding.

In re Marriage of Dalzell

2025 IL App (2d) 240658-U · Appellate Court of Illinois · Nov 17, 2025

Along with Tramuta’s deposition, the evidence at trial established the following facts. … clearly obligate petitioner to reimburse respondent.

Lee v. Retirement Board of the Policemen's Annuity & Benefit Fund

22 Ill. App. 3d 600 · Appellate Court of Illinois · Aug 5, 1974

At the outset we note that the legislature is vested with a large discretion in determining what is for the public good; and courts may not set aside any enactment unless it is clearly evasive of or contrary to constitutional … Moreover, the act as amended has the very practical effect of attracting qualified applicants into the police department, which is a paramilitary organization.