Case law

Allendorf v. Redfearn

352 Ill. Dec. 554 · Appellate Court of Illinois · Jul 25, 2011

The plaintiff argues that, under long-established law, employers owe employees a duty of care to provide a reasonably safe place to work ( Coselman v. … App.3d 1067, 1070-71 , 216 Ill.Dec. 620 , 665 N.E.2d 878 (1996) (where plaintiff was an experienced farmhand and it was undisputed that part of his job was to care for the boar that attacked him, farmhand was "clearly not

Davis v. Haas & Haas, Inc.

296 Ill. App. 3d 369 · 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 329 . … Clearly, this result is not tenable.

Lenzen v. Miller

309 Ill. App. 617 · Appellate Court of Illinois · Apr 12, 1941

The well-established rule is, that a gift of a specified sum of money with reference to a certain fund is either specific or demonstrative. … In order to qualify as a demonstrative legacy it must appear that in the event the primary fund failed or was destroyed, the legacy would be a charge on the general assets of the estate.

People v. Harris

Appellate Court of Illinois · Jun 13, 2000

Karla Cluck, another forensic scientist, was also qualified as an expert witness. She performed PCR tests on the samples provided. … If the police and ASAs were truthful, then the confessions were clearly voluntary. If the defendants were truthful, then the confessions were just as clearly coerced.

In Re Marriage of Jarvis

245 Ill. App. 3d 1007 · Appellate Court of Illinois · Jun 3, 1993

Clearly, the court intended for Dempsey to use the income generated by his efforts at the tavern to cover the difference between his reasonable needs and the $116.28 per month in pension benefits he retains. B. … Neither did the evidence establish Dempsey had a disproportionately larger earning potential than Jarvis.

Estate of Strocchia v. City of Chicago

284 Ill. App. 3d 891 · Appellate Court of Illinois · Nov 1, 1996

Thus, although plaintiff argues to the contrary, plaintiffs retaliatory discharge claim is clearly premised upon a theory of constructive discharge. … The evidence established that plaintiff was approved for reinstatement at full seniority and the highest pay scale, that an agreed start date was established which accommodated plaintiff’s vacation, that plaintiff failed

Handelsman v. Handelsman

366 Ill. App. 3d 1122 · Appellate Court of Illinois · Jul 7, 2006

Handelsman Insurance Trust, created under the Trust Agreement establishing said trust, heretofore created ***. … A contrary intention could have been stated clearly and easily.

People v. Lloyd

2025 IL App (1st) 232111-U · Appellate Court of Illinois · Dec 17, 2025

Though an airborne gun is not visible in the body worn camera footage, that does not render the opposite conclusion clearly evident. … in question clearly applies.”

Quincy School District No. 172 v. Human Rights Commission

197 Ill. App. 3d 694 · Appellate Court of Illinois · Apr 24, 1990

First, plaintiff must establish by a preponderance of the evidence a prima facie case of unlawful discrimination. … Initially Mallory had to establish, by a preponderance of the evidence, a prima facie case of unlawful discrimination.

Williams v. Conner

228 Ill. App. 3d 350 · Appellate Court of Illinois · May 7, 1992

He admitted that he was not qualified as an accident reconstructionist to give an opinion as to the speed defendant’s vehicle had been traveling at the time it began skidding. … ’ whereabouts that night or questions designed to elicit testimony about drinking establishments.

Williams v. Board of Trustees of the Morton Grove Firefighters' Pension Fund

398 Ill. App. 3d 680 · Appellate Court of Illinois · Feb 2, 2010

Mixed questions of law and fact are reviewed under the clearly erroneous standard. Marconi, 225 Ill. 2d at 532 . … To establish a violation of the constitutional right to due process, a plaintiff must show a deprivation of property and a denial of due process. See Schroeder v.

County of Cook v. Lic. Pract. Nurses

Appellate Court of Illinois · Sep 30, 1996

Accordingly, an agency's interpretation of a statute should only be overturned if it is clearly erroneous. O'Hare-Midway Limousine Service, Inc. v. Baker, 232 Ill. App. 3d 108, 111 (1992). … Which issues are mandatory, and which are not, will be very fact-specific questions, which the IELRB is eminently qualified to resolve."

People v. Lemke

384 Ill. App. 3d 437 · Appellate Court of Illinois · Jul 31, 2008

Counsel further suggested that, at most, the State’s evidence established that the defendant had committed involuntary manslaughter. … “Counsel’s decision as to what jury instructions to tender is one of several determinations widely recognized as matters of trial strategy that are generally immune from ineffective assistance claims” (People v.

Wilbourn v. Cavalenes

398 Ill. App. 3d 837 · Appellate Court of Illinois · Feb 19, 2010

The record establishes that, regarding the first factor, defendants were clearly surprised by Dr. Kregor’s stricken testimony. … The Purtill court held that an expert will be qualified to testify as to the standard of care in a medical malpractice case if (1) the expert is familiar with the standards of care applicable to a reasonably well-qualified

DeOliveira v. State Board of Education

158 Ill. App. 3d 111 · Appellate Court of Illinois · Jul 13, 1987

The letter of remediation clearly set forth that the DCSEA executive committee and the board had determined that the deficiencies, if not remedied by plaintiff, were cause for her dismissal as a teacher in the DCSEA. … A teacher could also be dismissed whenever, in the school board’s opinion, the teacher was not qualified to teach or whenever the interests of the school required it. (Ill. Rev. Stat. 1983, ch. 122, par. 10 — 22.4.)

Paoli v. Mason

325 Ill. App. 197 · Appellate Court of Illinois · Feb 14, 1945

This section further provides that: “Any licensee may renew his license at the expiration thereof provided he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for … That there are two methods of procedure open to the local commissioner is clearly recognized by sec. 3 of art.

Wells v. Web MacHinery Co.

20 Ill. App. 3d 545 · Appellate Court of Illinois · Jun 26, 1974

Marich, 2 Ill.2d 568 ): “[T]he Supreme Court pointed out that in joint suits against joint tortfeasors, it had been clearly established in Illinois that: * * * (4) in an action against joint tortfeasors, the court may direct … Two qualified managers of nurse registries testified the cost of a companion nurse in the Chicago area is from $22 to $24 a day for 8 hours.

Jones v. The City of Calumet

2017 IL App (1st) 170236 · Appellate Court of Illinois · Apr 30, 2018

Under the clause, every qualified voter has a right to vote and all votes must have equal influence. [Citation.] … related to a common objective: establishing a term limit for the office of mayor.

People v. Viramontes

2021 IL App (1st) 190665 · Appellate Court of Illinois · Mar 12, 2021

Effective assistance of counsel refers to competent, not perfect, representation, and “matters relating to trial strategy are generally immune from claims of ineffective assistance of counsel.” Id. … ¶ 59 Furthermore, if we interpret defendant’s unpublished statements to mean that he did not hit the victims at all, these words clearly contradict what the jury heard in the published statements.

Pure Torpedo Corp. v. Nation

327 Ill. App. 28 · Appellate Court of Illinois · Oct 26, 1945

These witnesses directly contradict the defendant in his statement that he qualified his promise to pay. The evidence shows that at no time did the defendant make any objection to the account. … The fraud or mistake must be clearly shown. . . .