Case law

Board of Education v. Department of Revenue

356 Ill. App. 3d 165 · Appellate Court of Illinois · Mar 21, 2005

to the established facts is or is not violated. … The Department’s finding that Glen Ellyn failed to qualify for an exemption under section 15 — 35(e) is not clearly erroneous.

Toth v. England

Appellate Court of Illinois · Apr 27, 2004

The defendants also argued that the plaintiff had not established the requisite elements for abuse of process, malicious prosecution, or defamation. … If a complaint in a small claims action clearly notifies the defendant of the nature of the plaintiff's claims, it states a cause of action. Johnston v. Suckow , 55 Ill. App. 3d 277, 281 , 370 N.E.2d 650, 654 (1977).

People v. Drish

24 Ill. App. 3d 225 · Appellate Court of Illinois · Dec 17, 1974

Once the city exercised its discretion in establishing the Commission pursuant to the statute, it was established by and pursuant to that statute. … This indicates that the witnesses refused to made a blanket waiver of immunity when called to testify and refused to sign a written waiver of immunity for the reason that their attorney had so advised them.

Williams v. City of Evanston

378 Ill. App. 3d 590 · Appellate Court of Illinois · Dec 28, 2007

Thus, the circuit court found defendants were immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1 — 101 et seq. (West 2006)). … the Tort Immunity Act.

Devon Bank v. Department of Transportation

95 Ill. App. 3d 690 · Appellate Court of Illinois · Apr 21, 1981

The legislature has thus clearly consented to waiver of sovereign immunity in circumstances falling within the scope of section 4 — 211. … However, the record established that southbound traffic from Waukegan Road does have indirect access to Bank property through the traffic pattern established by IDOT.

Morton v. City of Chicago

286 Ill. App. 3d 444 · Appellate Court of Illinois · Jan 22, 1997

Pursuant to the immunity provided by section 2—202 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2—202 (West 1994)), the trial judge granted summary judgment in favor … In order to establish that the jury’s verdict was against the manifest weight of the evidence, the plaintiff must show that "the opposite conclusion is clearly evident or the findings of the jury are unreasonable, arbitrary

Wheaton v. Suwana

Appellate Court of Illinois · Jul 15, 2003

Suwana was immune from suit. That inference is erroneous. Because of Dr. … Who Deducts and/or Pays for Insurance, Social Security, and Taxes The evidence in this case clearly established that insurance, social security, and taxes were all either funded or deducted by Union County Hospital on behalf

City of Chicago v. Latronica Asphalt and Grading, Inc.

346 Ill. App. 3d 264 · Appellate Court of Illinois · Feb 17, 2004

Further, “it is well established that where a statute of limitations does ‘expressly include the State, county, municipality, or other governmental agencies,’ common law governmental limitations immunity will not bar a limitations … Cecola, 75 Ill. 2d 423, 427 , 389 N.E.2d 526 (1979) (privately owned establishment for prostitution). In Young v. Bryco Arms, 327 Ill.

Elizondo v. Ramirez

324 Ill. App. 3d 67 · Appellate Court of Illinois · Jul 17, 2001

We, too, conclude that the collection of a small fee, by someone who, absent the fee, would otherwise clearly not be a business invitor, is insufficient to establish the special relationship of business invitor and invitee … That defendants charged a fee to guests attending what would otherwise clearly be a social gathering is insufficient to establish this relationship.

People v. Wunderlich

2019 IL App (3d) 180360 · Appellate Court of Illinois · Jun 15, 2020

A finding is against the manifest weight of the evidence only if “the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.” … The unrebutted testimony of Lieutenant Booker established that law enforcement was contacted to assist in locating a person missing from a mental health facility.

Kaufmann v. Jersey Community Hospital

Appellate Court of Illinois · Dec 8, 2009

Act (Tort Immunity Act) (745 ILCS 10/8-101(a) (West 2006)). … Schroeder's alleged act of licking plaintiff's breast was clearly unrelated to her patient care.

Robinson v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY

257 Ill. App. 3d 772 · Appellate Court of Illinois · Feb 10, 1994

The court noted that section 3 — 104 "clearly and unequivocally states that the municipality is immune from all liability arising out of the failure to provide a particular traffic control device.” … The defendant also argued that the plaintiffs could not establish that the grade of the crossing proximately caused the accident.

Helia Healthcare of Belleville, LLC v. Norwood

2017 IL App (1st) 152755 · Appellate Court of Illinois · May 12, 2017

We conclude that the language of section 5-5b.1 clearly provides for a simple cap on the amount of reimbursement reductions to be made. … Accordingly, the plaintiffs have not established that the officer suit exception to sovereign immunity applies. ¶ 32 As the plaintiffs have offered no other exception to the application of sovereign immunity

White v. Retirement Board of the Policemen's Annuity and Benefit Fund

2014 IL App (1st) 132315 · Appellate Court of Illinois · Oct 21, 2014

Second, the circuit court determined that the Board’s determination that White’s position as a police aide did not qualify for service credit under section 5-214(c) was clearly erroneous as the evidence … I would find that the Board’s determination was not clearly erroneous where the Board concluded that White did not qualify for pension credit under section 5-214(c) because she did not show that her prior civilian

Maksym v. Board of Election Commissioners of the City of Chicago

Appellate Court of Illinois · Jan 24, 2011

We review the legal questions de novo and any mixed questions under the clearly erroneous standard. … Clearly, the majority must posit the existence of a new standard in order to avoid the application of the manifest weight standard to the Board’s fact findings and application of the clearly erroneous standard to the

Cullotta v. Cullotta

Appellate Court of Illinois · Mar 27, 1997

She further contends that her second amended complaint states facts establishing a breach of that duty and injuries to the minor-plaintiff proximately resulting from that breach, and concludes that a good and sufficient cause … Clearly and without equivocation, the supreme court in Stallman held that no legally cognizable duty is owed on the part of a pregnant woman to exercise reasonable care to avoid inflicting unintentional harm upon her developing

People v. T.W.

402 Ill. App. 3d 981 · Appellate Court of Illinois · Jun 30, 2010

The record also clearly establishes that the trial court conceded respondent’s request for funds was for a “crucial expert witness.” … The victim’s testimony clearly established that the attacker rubbed his penis on the victim’s anus twice.

Taylor v. Brooklyn Boulders, LLC

2025 IL App (1st) 231912 · Appellate Court of Illinois · Feb 18, 2025

Therein, the court specifically rejected Taylor’s argument that defendants qualified as a common carrier. … ¶ 48 In sum, Taylor has failed to show that the liability waiver is clearly contradictory to section 2-14 of the Safety Act.

Pompa v. Swanson

990 N.E.2d 314 · Appellate Court of Illinois · May 6, 2013

“[I]t is well established that statements made in the form of insinuation, allusion, irony, or question, may be considered as defamatory as positive and direct assertions of fact.” … The parties agree that those statements are subject to a qualified privilege.

Hytel Group, Inc. v. Butler

Appellate Court of Illinois · Oct 20, 2010

The court must grant the motion and dismiss the claim unless the nonmovant "has produced clear and convincing evidence that the acts of the moving party are not immunized from, or are not in furtherance of acts immunized … Butler asserts that the trial court was therefore correct in holding that Hytel did not establish any defense to her motion to dismiss under the Act.