Case law

People v. Tolliver

466 Ill. Dec. 526 · Appellate Court of Illinois · Oct 17, 2022

The court found that the State’s exhibits of the temporary registration plate on the SUV “clearly show the condition of the plate was not clearly legible.” … Here, Reese believed that the plate was not clearly legible and, upon approach, confirmed that it was not clearly legible.

Moyer v. Southern Illinois Hospital Service Corp.

327 Ill. App. 3d 889 · Appellate Court of Illinois · Feb 7, 2002

Bleyer is not a nurse and he does not establish that he is otherwise qualified to testify about nursing procedures, he was not qualified to testify regarding the nurse’s standard of care in administering or monitoring thrombolytic … Bleyer’s deposition establishes that he was qualified pursuant to section 2 — 622(a) to complete the written report required by that section.

Hernandez v. Village of Cicero

151 Ill. App. 3d 170 · Appellate Court of Illinois · Dec 30, 1986

However, neither Dezort nor Brown established such a test. … Based on the above disposition, we need not address plaintiff’s argument concerning alteration of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.

Pikovsky v. North Skokie Boulevard Condominium Association

2011 IL App (1st) 103742 · Appellate Court of Illinois · Dec 27, 2011

Tamara attempts to reference the Chad Paul declaration in her statement of facts and as an appendix to her brief in order to establish Skokie and Rosen’s knowledge of the snow and ice mounds. … In this case, the rear entrance sidewalk clearly reaches from Skokie and Rosen’s property to the Lee Street sidewalk.

In re Estate of Stewart

2016 IL App (2d) 151117 · Appellate Court of Illinois · Oct 12, 2016

Clearly, Harper did not physically stop anyone else from securing or providing care for Stewart. … In other words, if we agree with the trial court that the District did not establish absolute immunity as a matter of law, we may not proceed to consider whether the facts adduced at trial later established

Vroegh v. J & M Forklift

255 Ill. App. 3d 155 · Appellate Court of Illinois · Aug 20, 1993

Although Dini established a landowner’s general duty to firefighters, the precise scope of that duty has been refined by subsequent case law. … not of immunity.

Eckerman v. City of Peoria

336 Ill. App. 570 · Appellate Court of Illinois · Mar 8, 1949

The facts in the instant case are clearly distinguishable from the facts in Patteson v. City of Peoria, 386 Ill. 460 . … She was not a qualified elector of the municipality and therefore was not qualified to hold a municipal office. She never executed any bond and never took or subscribed any oath as provided for municipal officers.

Hull v. Southern Illinois Hospital Services

Appellate Court of Illinois · Mar 10, 2005

Heymach's report nor his curriculum vitae indicated that he has performed a radiological procedure such as that involved in this case, he failed to establish that he was qualified by experience or demonstrated competence … Heymach established that he was qualified by experience or demonstrated competence in the subject of the case. See 735 ILCS 5/2-622(a)(1)(iii) (West 2002); Apa , 288 Ill.

Davenport v. Bd. of Fire & Police Commissioners

2 Ill. App. 3d 864 · Appellate Court of Illinois · Jan 14, 1972

The record is devoid of any evidence that the plaintiff was "bullied" by the said Mike Young, but on the contrary it clearly establishes the fact that the plaintiff was the aggressor. … Should a police officer engage in misconduct which is detrimental to the service it would be absurd to say that he is clothed with a cloak of immunity if such misconduct occurred during "off duty" hours.

Wilson v. Lasalle Manufacturing & MacHine Co.

58 Ill. App. 3d 219 · Appellate Court of Illinois · Mar 22, 1978

General principles which govern interpretation and construction of contracts and agreements are well established. … must still be employees of the defendants to qualify.

Poulos v. Lutheran Social Services of Illinois, Inc.

312 Ill. App. 3d 731 · Appellate Court of Illinois · Mar 24, 2000

Accordingly, defendants have shown no error in the denial of their motion for a directed verdict on the issue of conditional or qualified privilege. … Section 11 of the Act provides immunity to social workers in connection with certain good-faith disclosures. 740 ILCS 110/11 (West 1998).

People v. Geiger

354 Ill. Dec. 816 · Appellate Court of Illinois · Nov 10, 2011

Again, the record clearly establishes that defendant herein, much like the defendant in Carradine , "chose to incur imprisonment rather than" testify. … The record clearly established that the defendant in the murder trial was a gang member, and at least one other witness against that defendant had received threats.

Lenard v. Board of Education of Fairfield School District No. 112

57 Ill. App. 3d 853 · Appellate Court of Illinois · Jan 31, 1978

Testimony at trial and the regulation itself clearly indicate that the semester hour requirement of section 9 — 5X of the regulation applies only if the teacher is teaching the subject in a departmentalized, as opposed to … Consequently, if the regulation validly established specialized standards for teacher preparation, it must apply to the position occupied by Richard Carter.

Dobbs v. Chase

94 Ill. App. 3d 177 · Appellate Court of Illinois · Mar 16, 1981

Like Stein-berg, however, DeBruyn did not clearly involve an issue of whether the class was so numerous that joinder was impracticable. … Furthermore, there is no question of immunity under the Local Governmental and Governmental Employees Tort Immunity Act, because an action to recover moneys illegally collected by a governmental officer is not in the nature

Manuel v. Red Hill Community Unit School District 10 Board of Education

Appellate Court of Illinois · Aug 9, 2001

Although the decision in McCuen established that the use of property, as opposed to the condition of property, is not provided immunity by section 3-106, the language used by the court is not decisive for this case because … Such language is clearly directed at the causation of injury. Section 2-101 is the only other section of the Act to define immunity in the terms of the phrase "liability *** based on."

Senn Park Nursing Center v. Miller

118 Ill. App. 3d 733 · Appellate Court of Illinois · Sep 28, 1983

Clearly, defendant did not comply with this requirement. … In regard to the doctrine of sovereign immunity, “An Act in relation to immunity for the State of Illinois” (Ill. Rev.

Board of Education of Indian Prairie School District No. 204 v. Du Page County Election Commission

341 Ill. App. 3d 327 · Appellate Court of Illinois · Jul 15, 2003

Defendants do not, however, attempt to establish the elements of judicial estoppel (see People v. Coffin, 305 Ill. … Moreover, since the abolition of sovereign immunity in this state (see Walker v.

Chareas v. Township High School District No. 214

195 Ill. App. 3d 540 · Appellate Court of Illinois · Mar 12, 1990

Stat. 1987, ch. 122, pars. 24—24, 34—84a), defendant was immune from suits for negligence brought by its students because of its in loco parentis relationship to its students. … Corcoran establishes that the liability of the party in possession of premises upon which a minor is injured is determined by the rules of ordinary negligence.

Ballard v. Board of Education of Rock Island School District No. 41

167 Ill. App. 3d 224 · Appellate Court of Illinois · Mar 9, 1988

JUSTICE SCOTT delivered the opinion of the court: The plaintiff, Bonnie Ballard, appeals from a judgment order entered by the circuit court of Rock Island County which held she failed to establish her right to a full-time … Stat. 1985, ch. 122, par. 10 — 22.4), had dismissed DeVinney and created an actual vacancy, the record clearly reveals she could not be appointed as she was not legally qualified.

Tyson Foods, Inc. v. Department of Revenue

312 Ill. App. 3d 64 · Appellate Court of Illinois · Feb 8, 2000

The de minimis activities of an out-of-state corporation would not cause the corporation to lose its tax immunity unless those activities established “a nontrivial additional connection with the taxing State.” … Bajorski, 228 Conn. 137 , 635 A.2d 771 (1993), did the act of qualifying to do business in a state result in the corporation acquiring a physical presence in the state.