Case law

Kolodziejzak v. M. Simon & Associates

Appellate Court of Illinois · Sep 23, 1997

One such procedure established that garbage was to be taken out a glass side door one hour before closing, rather than taken out the back door after dark. … Thus, defendant clearly retained control of the security operations on its premises even though such services were provided by an outside security firm.

People v. Flowers

2015 IL App (1st) 113259 · Appellate Court of Illinois · Feb 20, 2015

The area in which both men witnessed the shooting was illuminated by a streetlight. ¶ 37 McCray’s affidavits, which clearly state that he did not see the actual shooting, but only the aftermath of the shooting … To satisfy the first prong, a defendant must overcome the presumption that contested conduct which might be considered trial strategy is generally immune from claims of ineffective assistance of counsel.

Uhr v. Lutheran General Hospital

226 Ill. App. 3d 236 · Appellate Court of Illinois · Feb 26, 1992

Clearly, the jury could have determined from the testimony of Dr. … Ronnett and of the nurses is clearly and amply established by independent testimony, and should be imputed to the defendant hospital, thus providing the basis for affirming the judgment of the trial court.

People v. Kluppelberg

257 Ill. App. 3d 516 · Appellate Court of Illinois · Dec 28, 1993

In this case defendant cannot establish either prong of the Strickland test. … In this regard, evidence of Glassco’s plea bargain and the conduct covered by it were clearly admissible.

Treister v. American Academy of Orthopaedic Surgeons

78 Ill. App. 3d 746 · Appellate Court of Illinois · Oct 31, 1979

In our opinion the sufficiency of counts II and III is clearly before this court. … But this willingness to review expulsion cases was well established in the law long before Van Daele .

Heiss v. Retirement Board of the Municipal Employees' Annuity and Benefit Fund of Chicago

2023 IL App (1st) 220487-U · Appellate Court of Illinois · Nov 3, 2023

Additionally, the Internal Revenue Service opined by letter, at the Fund’s request, that Heiss qualified as an employee for federal taxation purposes. … We conclude that the Board’s decision is clearly erroneous and that Kathleen Heiss established her legal right to a widow’s annuity.

People v. Tainter

294 Ill. App. 3d 634 · Appellate Court of Illinois · Jan 23, 1998

Cogan was qualified to render the opinion that Johnson's death was caused by multiple injuries from a beating and to explain what sorts of objects, such as a fist, a foot, a two by four or a crow bar are consistent with the … It is well established that an instruction defining a lesser offense should be given if there is evidence in the record that, if believed by the jury, would reduce the crime to a lesser-included offense. People v.

Miller v. Rinker Boat Co., Inc.

352 Ill. App. 3d 648 · Appellate Court of Illinois · Sep 15, 2004

Compared to a deep fryer, a motorboat clearly has more complex mechanisms. … The economics of this case clearly do not warrant such a disposition. Moreover, defendant presented no evidence or legal authority to establish the simplicity of a motorboat.

Pommier v. Jungheinrich Lift Truck Corporation

102 N.E.3d 684 · Appellate Court of Illinois · Feb 28, 2018

Manufacturers have no duty to design foolproof products immune from all possible accidents. Flaugher v. Sears, Roebuck & Co., 61 Ill. App. 3d 671, 676 (1978). … Clearly, defendants intended to prohibit operators from maintaining or modifying the jack’s braking system.

People v. Bailey

108 Ill. App. 3d 392 · Appellate Court of Illinois · Aug 4, 1982

This rule is qualified, however, in that it does not apply to a situation in which an officer uses excessive force. The use of excessive force invokes the right of self-defense. (Ill. Rev. … Verdie Bailey in the instant case is attempting to establish a theory of self-defense in the same manner as did the defendant in Robinson.

Lakefront Plumbing & Heating, Inc. v. Pappas

356 Ill. App. 3d 343 · Appellate Court of Illinois · Mar 7, 2005

According to the trial court, Kimball’s conduct with regard to the Yale Property constituted fault or negligence and, therefore, Lakefront did not qualify for indemnity under section 21 — 305(a)(2). … In this case, the Yale Property contains 12 units and clearly comes within section 21 — 305(a)(2).

People v. Tellor

2025 IL App (5th) 230096-U · Appellate Court of Illinois · Dec 2, 2025

¶ 82 Accordingly, defendant has established that counsel provided ineffective assistance on this record. … The State did not tender, and the trial court did not qualify the detective as an expert. Id. ¶ 12.

In Re NS

255 Ill. App. 3d 768 · Appellate Court of Illinois · Jan 13, 1994

Jeanne Burke, a child protection supervisor for DCFS, testified that the 1989 investigation involved not only failing to get immunizations for N.S., but also failing to get treatment for N.S.' asthma and have her treated … I am unaware of any recognized field of expertise which qualifies an individual to be able to determine whether another person is telling the truth. (See People v.

Wilmington Savings Fund Society v. Cahill

2020 IL App (2d) 191024-U · Appellate Court of Illinois · Dec 1, 2020

Thus, the court concluded that plaintiff established its case regarding the foreclosure and sale. … ¶ 15 This court is entitled to clearly defined issues, citations to pertinent authority, and cohesive arguments. Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380, ¶ 10.

In re M.H.

2015 IL App (4th) 150397 · Appellate Court of Illinois · Sep 28, 2015

She is up to date on all medical examinations and immunizations." ¶ 15 M.H., who, at birth, tested positive for alcohol and cannabis, has several medical problems. … We do not doubt the sincerity of his desire to establish a relationship with her.

People v. Diomedes

2014 IL App (2d) 121080 · Appellate Court of Illinois · Aug 9, 2014

While this is clearly insufficient, alone, to establish that defendant was in fact the author, the trial court could certainly consider that subject line when viewing the evidence as a whole. … We review de novo whether a statement qualifies as protected speech under the first amendment. Duncan v. Peterson, 408 Ill.

People v. Price

456 Ill. Dec. 352 · Appellate Court of Illinois · Nov 23, 2021

¶ 139 Even if not offered to prove defendant’s subsequent conduct, the text messages were clearly commands and not statements of fact. … Lawson was qualified based on his training and experience to offer testimony about signs that a person is dead, and he testified he was trained that rigor mortis is one of these signs.

People v. Martinez

2025 IL App (2d) 240684-U · Appellate Court of Illinois · Feb 5, 2025

The synopsis further noted that video footage from numerous establishments in the areas traveled showed defendant wearing the same clothing as mentioned above. … A finding is contrary to the manifest weight of the evidence only if a conclusion opposite to that of the trial court is clearly apparent. In re Jose A., 2018 IL App (2d) 180170, ¶ 17.

City of Chicago v. American Cyanamid Co.

Appellate Court of Illinois · Jan 14, 2005

Moreover, a “governmental body need not be asserting an interest affecting everyone in the State in order for it to qualify as a public right.” Board of Education of City of Chicago v. … Clearly, the individuals who illegally possess and use firearms in the city of Chicago are not under the control of the dealer defendants.

People v. Campbell

2022 IL App (4th) 200146-U · Appellate Court of Illinois · Mar 25, 2022

We will find a decision manifestly erroneous when we find the opposite conclusion is clearly evident. Id. … She testified the microscopic evidence established the immune response was occurring when Galen died, meaning the injuries did not occur after Galen died. The trial testimony of Dr.