Case law

Ziegert v. South Chicago Community Hospital

99 Ill. App. 3d 83 · Appellate Court of Illinois · Aug 3, 1981

I Informed Consent The standard of proof with regard to informed consent was clearly set forth in Green v. Hussey (1970), 127 Ill. … Plaintiff contends this violation establishes negligence of Dr. Magsaysay while the failure of the Hospital to have required such a consultation established its own negligent conduct.

Qualkinbush v. Skubisz Nunc pro tunc - December 28, 2004

Appellate Court of Illinois · Mar 31, 2005

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

Amos v. American Trust & Savings Bank

125 Ill. App. 91 · Appellate Court of Illinois · Oct 16, 1905

by the evidence, according to the well established rule of this court we would not be justified in setting aside the decree unless, from a review of the record, we were able to say that the decree of the chancellor was clearly … rigid and unconscious, and that, on recovering from such fit or spasm he would not be conscious of its having occurred, and the testimony of those nearest him, and best acquainted with him, and who, therefore, were best qualified

People v. Pyles

2025 IL App (4th) 240220 · Appellate Court of Illinois · Apr 25, 2025

Penal Code Ann. § 3067(a) (West 2000)— was ‘clearly expressed’ to [Samson]. Knights, 534 U.S., at 119. … to be expressed in terms that are readily applicable - 11 - by the police in the context of the law enforcement activities in which they are necessarily engaged and not qualified

Steinhauer v. Botsford

327 Ill. App. 296 · Appellate Court of Illinois · Dec 18, 1945

Steinhauer, was appointed as administrator with the will annexed of said estate on May 8,1941 and qualified as such; and that plaintiffs through their attorneys have repeatedly requested from defendant an accounting of the … The rule applicable to the factual situation presented here is clearly enunciated in Capper v.

People ex rel. Steck v. Ottolini

73 Ill. App. 3d 971 · Appellate Court of Illinois · Jul 13, 1979

An examination by a qualified psychiatrist, albeit employed by the State, is not inherently prejudicial and does not ordinarily pose a grave potential for abuse. … We think that the testimony of the psychiatrist clearly established that respondent had a mental illness.

Schroeder v. Northwest Community Hospital

Appellate Court of Illinois · Dec 12, 2006

Section 2-622 requires that the plaintiff in a medical malpractice action must supplement her complaint with: (1) an affidavit, her attorney’s or her own if proceeding pro se, certifying that the affiant consulted with a qualified … To do otherwise would permit defendant to use section 2-622 as a substantive defense in barring plaintiff from establishing her case.

Stevens v. Department of Employment Security

2021 IL App (1st) 191965-U · Appellate Court of Illinois · Feb 16, 2021

” ¶ 20 The Board concluded that plaintiff did not establish that Stonecliffe subjected him to “abuse or hostility.” … Mixed questions of law and fact are reviewed under the clearly erroneous standard. AFM Messenger Service, Inc., 198 Ill. 2d at 395.

People v. Ward

389 Ill. App. 3d 757 · Appellate Court of Illinois · Mar 31, 2009

Moreover, the trial court clearly established the parameters for the use of Lisa S.’s testimony by the jury. … The Class X statute only applies when each qualifying felony was committed after conviction for the earlier qualifying felony. 730 ILCS 5/5 — 5—3(c)(8) (West 2006).

People v. Peebles

114 Ill. App. 3d 684 · Appellate Court of Illinois · May 10, 1983

The State’s evidence essentially showed the following: to qualify for circuit breaker tax relief, one must be 65 years old, or disabled and over 16 years of age; be a resident of Illinois both at the time of application and … The district court’s failure to clearly instruct the jury as to the limited purpose for which their guilty pleas could be considered under these conditions required reversal and remandment for a new trial.

Berg v. ALLIED SEC., INC., CHICAGO

297 Ill. App. 3d 891 · Appellate Court of Illinois · Jun 29, 1998

Therefore, we normally would have to follow the dicta in question because of the general rule that judicial dicta establish binding precedent. … Thus, similar to the plaintiff in Andersen, the document in issue did not qualify as a postjudgment motion in the first instance, regardless of its lack of specificity.

People v. Hooker

54 Ill. App. 3d 53 · Appellate Court of Illinois · Oct 7, 1977

None of this other evidence, however, establishes that the defense was a recent fabrication. Only evidence of defendant’s post-arrest silence implies this. … Therefore, for purposes of the theft statute, Polcyn would qualify as the “owner” of the stolen property (see People v.

People v. Downs

2014 IL App (2d) 121156 · Appellate Court of Illinois · Jul 21, 2014

Based on this authority, we believe that it is abundantly clear that giving an erroneous definition of “reasonable doubt” qualifies as error. … The jury’s question clearly shows that there is a reasonable likelihood that it used a lesser standard in convicting defendant.

People v. Velasco

2018 IL App (1st) 161683 · Appellate Court of Illinois · Jul 10, 2019

In our view, the supreme court thereby clearly indicated that the rules of evidence are inapplicable at both types of hearings. … Even where the court gave lip service to the standard it was supposed to apply, the court clearly did not adhere to that standard.

Castro v. Brown's Chicken and Pasta, Inc.

314 Ill. App. 3d 542 · Appellate Court of Illinois · Jun 15, 2000

Clearly, there is no legal duty on the part of Brown’s because no special relationship exists between it and plaintiff. … This qualified common law privilege applies both to tangible evidence and oral testimony. Daniels, 240 Ill. App. 3d at 331 , 607 N.E.2d at 1266 .

Werner v. Illinois Central RailRoad

309 Ill. App. 292 · Appellate Court of Illinois · Mar 1, 1941

The evidence clearly indicates that the plaintiff was injured because of the close proximity of the dwarf signal to the track. … Defendant urges that the witness was not sufficiently qualified to testify on engineering problems of this nature.

Storm & Associates, Ltd. v. Cuculich

298 Ill. App. 3d 1040 · Appellate Court of Illinois · Aug 28, 1998

Meticulous practice dictates that the movants clearly state the section of the Code under which a motion to dismiss is brought. Illinois Graphics Co. v. Nickum, 159 Ill. 2d 469, 484 , 639 N.E.2d 1282 (1994). … The factual allegations in count IV of Storm’s complaint establish it was aware that the Patner Defendants were serving as counsel for the Cuculichs when they retained Storm to act as co-counsel.

Freeman v. Crays

98 N.E.3d 571 · Appellate Court of Illinois · Jan 26, 2018

After commenting that plaintiff was clearly attempting to cure the evidentiary gap created by its adverse rulings with regard to Dr. … And plaintiff’s motion for voluntary dismissal was clearly done in an effort to avoid the consequences of the Court’s order, clearly.

Gruwell v. The Illinois Department of Financial and Professional Regulation

Appellate Court of Illinois · Nov 30, 2010

Mixed questions of law and fact "are 'questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is *** whether the rule of law as applied to the established facts … We do not find this determination clearly erroneous.

Shaw v. Bridges-Gallagher, Inc.

174 Ill. App. 3d 680 · Appellate Court of Illinois · Sep 7, 1988

Shelton, however, qualified as an expert in roof repair, having had six years of experience in the area. … The evidence clearly indicated that the plaintiff knew of this breach and did not seek to enforce this provision in the contract until seven years later.