Case law

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.

Garrido v. Arena

993 N.E.2d 488 · Appellate Court of Illinois · Jun 18, 2013

Indeed, it would be hard to argue otherwise, given that the record clearly establishes that while plaintiff could theoretically receive both an aldermanic pension as well as his police pension at some point … Both of these contentions are merely aspects of the same qualified privilege under the first amendment. See generally Imperial Apparel, Ltd. v.

Gill v. Foster

232 Ill. App. 3d 768 · Appellate Court of Illinois · Jul 23, 1992

The burden of establishing the expert’s qualification rests with the proponent of the testimony, in this case the plaintiff, and the trial court’s determination of whether the witness is qualified to testify as an expert … Weller was not qualified to testify that the cost of a simple reduction of the stomach from the chest equated with the cost of hiatal hernia repair and, therefore, his testimony could not establish the relative cost of the

Harden v. The City of Chicago

2013 IL App (1st) 120846 · Appellate Court of Illinois · Jan 22, 2014

Act (Tort Immunity Act) (745 ILCS 10/3-102 (West 2008)). … Vaughn, 166 Ill. 2d at 161-62. ¶ 36 “Although we are sympathetic to plaintiff’s injuries, the Illinois legislature has established a clear public policy to immunize government from the financial burdens

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.

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."

Department of Central Management Services/The Illinois Commerce Comm'n v. Illinois Labor Relations Board, State Panel

2015 IL App (4th) 131022 · Appellate Court of Illinois · May 7, 2015

Our supreme court has defined the clearly erroneous standard as follows: “An agency decision will be reversed because it is clearly erroneous only if the reviewing court, based on the entirety … Moreover, on appeal, petitioners have failed to establish any issues of fact exist that would warrant an evidentiary hearing.

Murphy v. Board of Review of Department of Employment Security

334 Ill. Dec. 733 · Appellate Court of Illinois · Sep 29, 2009

This determination was not clearly erroneous. … We do not find this determination to be clearly erroneous.

Burnham City Hospital v. Human Rights Commission

126 Ill. App. 3d 999 · Appellate Court of Illinois · Aug 13, 1984

The evidence before the administrative law judge clearly showed that Clifton was a member of a minority group, was qualified for the position of pharmacist’s technician, had applied to Burnham for such a job, and was rejected … First, he determined Clifton was more qualified than the applicant that Burnham hired.

Cullerton v. Du Page County Officers Electoral Board

384 Ill. App. 3d 989 · Appellate Court of Illinois · Aug 7, 2008

law and fact — questions on which the historical facts are admitted, the rule of law is undisputed, and the only remaining issue is whether the facts satisfy a statutory standard — will not be disturbed on review unless clearly … Such restrictions and establishment of the period of time involved are, within constitutional limitations, matters for legislative determination.

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.

Creamer v. Rude

37 Ill. App. 2d 148 · Appellate Court of Illinois · Sep 22, 1962

The evidence clearly establishes that at the time of, and immediately prior to, the collision, the defendant was actively engaged in work upon the surface of the highway. He had been plowing snow and ice on H. S. … Clearly, in our opinion, there was no question of fact to be resolved. The defendant was “actually engaged in work upon the surface of the highway.”

Matusak v. Chicago Transit Authority

165 Ill. App. 3d 1032 · Appellate Court of Illinois · Jan 27, 1988

Under Hopkins, the dramshop in Jodelis was “clearly not liable in tort for purposes of the Contribution Act.” Jodelis, 118 Ill. 2d at 486 . The court then held Doyle v. … The court stated: “The Dramshop Act does not merely provide dramshops with immunity or an affirmative defense to an intoxicated patron’s suit.

People v. Boswell

19 Ill. App. 3d 619 · Appellate Court of Illinois · May 23, 1974

The officer positioned his vehicle on the right shoulder of the roadway to such an extent that the right side (or side opposite the driver) of the pursued vehicle was clearly visible to him. … To support conviction of unlawful possession of narcotics the People must establish knowledge on part of the defendant of the presence of narcotics and must also establish that the narcotics were in the immediate and exclusive

People v. Quick

308 Ill. App. 3d 474 · Appellate Court of Illinois · Dec 7, 1999

Rhoden and Jamison were given immunity in exchange for their testimony in the defendant’s case. … The State points out that the type of gun used and the location of the shooter were otherwise established by the physical evidence.

Zimmerman v. Schuster

14 Ill. App. 2d 535 · Appellate Court of Illinois · Nov 25, 1980

Even though the intention to create a trust in a party clearly appear, if the terms by which it is created are so vague and indefinite that the court cannot ascertain clearly either its object or the persons who are to take … Under the trust theory, the taker of the original title never had any beneficial interest, and once sufficient basic facts are established, equity will enforce or execute the trust against the person so holding. 54 Am.

People v. Columbo

118 Ill. App. 3d 882 · Appellate Court of Illinois · Jun 24, 1983

Illinois law clearly states that the substance of a telephone conversation is competent evidence provided that: (1) a proper foundation is established as to the identity of the parties participating in the call (People v. … Both letters of immunity were entered into evidence.

IOS Capital, Inc. v. Phoenix Printing, Inc.

Appellate Court of Illinois · Apr 22, 2004

Qualified Privilege Even if Russell's participation had been sufficient to find him liable for conversion, if the conduct was privileged or justified, Russell is not liable in tort. See 19 C.J.S. … Those cases cited by [the plaintiff] in support of its conversion argument are clearly distinguishable on their facts from the present case.

Nelson v. Crystal Lake Park District

342 Ill. App. 3d 917 · Appellate Court of Illinois · Aug 27, 2003

On appeal, she argues that those allegations sufficed to establish that she had a property interest in her position. We agree. … The court held that, because the statute established that an alderman was “entitled” to occupy his position until his successor was duly elected and qualified, he had a property interest in his office that could “be taken

Wernikoff v. Health Care Service Corp.

376 Ill. App. 3d 228 · Appellate Court of Illinois · Sep 28, 2007

When an applicant applies for a policy, defendant’s underwriters consider the application and determine whether the applicant qualifies for a policy. … Most significantly, plaintiff cannot establish that he relied on defendant’s representations.