Case law

Puckett v. Empire Stove Co.

183 Ill. App. 3d 181 · Appellate Court of Illinois · May 19, 1989

In this case, both plaintiff and the Ghibaudys qualify as users, but Mr. … Plaintiff has failed to establish, however, how more extensive warnings might have helped avoid the accident in which he was injured.

People v. Leach

405 Ill. App. 3d 297 · Appellate Court of Illinois · Nov 12, 2010

Moreover, autopsy reports are clearly recognized under the codification of the common law exception. … Clearly, the requisite mental state of knowledge could be inferred from the very nature of defendant’s voluntary acts.

People v. Jones

2024 IL App (2d) 230534-U · Appellate Court of Illinois · Jan 30, 2024

As to the first factor, although the nature of the offense could support a finding of dangerousness, the legislature clearly did not intend that single factor to be dispositive, or else it would have drafted the statute … That is clearly at odds with the statute’s presumption of eligibility for all defendants, and the plain language of article 110 of the Code indicates that more is required. See People v.

Village of Downers Grove v. Illinois State Labor Relations Board

221 Ill. App. 3d 47 · Appellate Court of Illinois · Oct 31, 1991

The director works with local high schools to establish CPE training programs. The director recommends policy and procedural changes in the EMS program to the chief. … With that standard, it would be difficult to find any employee who would qualify as a supervisor. ( 135 Ill. 2d at 537 .)

Gonzalzles v. American Express Credit Corp.

Appellate Court of Illinois · Jun 28, 2000

A cause of action will not be dismissed on the pleadings unless it clearly appears that the plaintiff cannot prove any set of facts that will entitle it to relief. Vernon , 179 Ill. 2d at 344 . … When the relationship between the parties is not one that gives rise to a fiduciary relationship as a matter of law, the party asserting the existence of the relationship has the burden of establishing such by clear and convincing

In Re Marriage of Rife

376 Ill. App. 3d 1050 · Appellate Court of Illinois · Oct 24, 2007

To this end, respondent shall use funds from his employee stock ownership plan to establish a $260,000 IRA in her name. … When we are reviewing a type of decision that the trial court was better qualified to make, we must proceed with due recognition of the trial court's superior vantage point.

McKee v. Board of Trustees of the Champaign Police Pension Fund

Appellate Court of Illinois · Sep 7, 2006

A mixed question of law and fact, however, is not reviewed de novo, but under the clearly erroneous standard. … Hogan and Gragnini appear to be well-qualified physicians, practicing in the partic- ular field.

McDonald v. Lipov

2014 IL App (2d) 130401 · Appellate Court of Illinois · Aug 9, 2014

An affidavit from a qualified expert in the field[.] … Section 2-622(a) further requires the professional’s report to clearly identify the plaintiff and “the reasons for the reviewing health professional’s determination that a reasonable and meritorious cause

People v. Franklin

229 N.E.3d 364 · Appellate Court of Illinois · Jun 9, 2023

To overcome this presumption, the party challenging the statute must clearly establish its invalidity. Id. As our supreme court explained in Napleton v. … The Court then reviewed a long line of cases and concluded that while its precedents clearly established a preference for face-to-face confrontation, that preference “ ‘must occasionally give way to considerations of public

People v. Prante

449 Ill. Dec. 950 · Appellate Court of Illinois · Apr 12, 2021

Edward Pavlec, an orthodontist and Board-certified forensic odontologist, qualified as an expert in forensic odontology. Dr. … The NAS found that no thorough study had been conducted to establish the uniqueness of bite marks and there was no established science indicating what percentage of the population could have produced the bite

People v. Coulter Modified upon Denial of Rehearing - replaces opinion filed 8/1/03

Appellate Court of Illinois · Oct 10, 2003

Batson itself emphasized that a prosecutor's discriminatory act is not "'immunized by the absence of such discrimination in the making of other comparable decisions.'" Batson , 476 U.S. at 95 , 90 L. … Accordingly, the majority opinion's conclusions that Miller-El adds nothing to the established Batson analysis and that the trial court's analysis on remand was sufficient are clearly erroneous.

People v. Coulter

345 Ill. App. 3d 81 · Appellate Court of Illinois · Oct 10, 2003

Batson itself emphasized that a prosecutor’s discriminatory act is not “ ‘immunized by the absence of such discrimination in the making of other comparable decisions.’ ” Batson, 476 U.S. at 95, 90 L. … Accordingly, the majority opinion’s conclusions that Miller-El adds nothing to the established Batson analysis and that the trial court’s analysis on remand was sufficient are clearly erroneous.

People v. Clark

2024 IL App (1st) 241898-U · Appellate Court of Illinois · Dec 23, 2024

“A finding is against the manifest weight of the evidence only if the opposite -8-  1-24-1898B conclusion is clearly evident or if the finding is … This established that defendant would likely not comply with any imposed conditions.

Elliott v. Atchison, Topeka & Santa Fe Railway Co.

262 Ill. App. 466 · Appellate Court of Illinois · Oct 5, 1931

A general demurrer to the declaration was sustained, defendant arguing that the question of limitation could be raised by demurrer, and the court held that such pleading is contrary to the established rules and precedents … That the defendant was guilty of negligence and that its negligence contributed to the collision and consequent injury is so clearly shown by the evidence that we deem it unnecessary to discuss that phase of the case.

Marxmiller v. Champaign-Urbana Mass Transit District

2017 IL App (4th) 160741 · Appellate Court of Illinois · Feb 5, 2018

Defendant’s negligence and the proximately resulting injuries were established by the court’s summary determinations, not by defendant’s admissions. … In this case, clearly there is evidence to support pain and suffering[,] and clearly there is evidence to support emotional distress.

Stone v. Paddock Publications, Inc.

356 Ill. Dec. 284 · Appellate Court of Illinois · Nov 17, 2011

Doe also contends that the challenged comments were immunized by the Citizen Participation Act (735 ILCS 110/1 (West 2008)). We reverse. ¶ 2 I. … Do some of your own research on your wonderful candidate and you'll quickly discover that she is NOT QUALIFIED to be a trustee.

People v. Stitts

2020 IL App (1st) 171723 · Appellate Court of Illinois · Jul 6, 2020

Vasselli turned on his flashlight, walked over to where the object had fallen, and “could clearly see that it was a handgun.” … ¶ 29 More substantively, the State argues that Stitts forfeited this argument (which he admits) and he cannot establish plain error because the evidence was overwhelming.

Schaffner v. Chicago & North Western Transportation Co.

161 Ill. App. 3d 742 · Appellate Court of Illinois · Sep 23, 1987

Whether or not a witness is qualified as an expert is within the discretion of the trial court. (Sullivan v. Berardi (1980), 80 Ill. App. 3d 417 , 399 N.E.2d 708 .) … The C-clip design, the third form of positive retention developed by Schwinn, was not easy to operate and it did not meet the engineering criteria established by Schwinn.

Wojcik v. City of Chicago

Appellate Court of Illinois · Oct 27, 1998

Frankel felt that in failing to observe the local swelling and discontinue the IV immediately, the defendants failed to exercise the skill and care of reasonably well-qualified paramedics. … Rather, the defendant attempted to establish that no medical negligence had occurred at all.

People v. Adams

102 Ill. App. 3d 1129 · Appellate Court of Illinois · Dec 21, 1981

The rebuttal testimony of Sheriff Brooks and the argument of the State’s Attorney, however, clearly combine to violate the Doyle doctrine. … This witness had not personally conducted the tests in question, nor was he asked whether he was qualified by training or experience to give the opinions sought from him by defendant.