Case law

Casey v. Penn

45 Ill. App. 3d 573 · Appellate Court of Illinois · May 12, 1977

Plaintiff argues that the evidence of defendant’s negligence was clearly established on two points: (1) defendant’s decision to employ an open reduction procedure and thé complete lack of an initial examination of the plaintiff … Stat. 1975, ch. 110A, par. 236(a)) provides that a business record which qualifies shall be admitted into evidence without introducing all other circumstances of its making.

People v. Jones

Appellate Court of Illinois · Jun 25, 2007

The review of a trial court's conclusions after it conducts the three-step Batson analysis is deferential and reversal is proper only if the decision was clearly erroneous. … Here, Rochowicz, a qualified expert, testified that he had reviewed the results of the gunshot residue test conducted by Wong.

Vajda v. Arthur Andersen & Co.

253 Ill. App. 3d 345 · Appellate Court of Illinois · Sep 7, 1993

Clearly, it was possible at the time the contract was formed for plaintiff to have performed his job competently within one year and for Andersen to comply with the three-warning procedures within one year. … The circuit court ruled that with regard to count III, plaintiff’s failure to establish a Duldulao contract precluded a finding that there existed a valid and enforceable contract.

Koch v. Schneider

550 F. Supp. 846 · District Court, N.D. Illinois · Aug 23, 1982

officers, as witnesses, are absolutely immune from § 1983 liability. … Even assuming that Officer Schneider was acting under color of law, no facts are alleged to establish Miller as a state actor.

Barnhart v. Boyce

102 Ill. App. 172 · Appellate Court of Illinois · May 22, 1902

There is practically no dispute, and in any event it is clearly established by the great weight of the evidence, that, among other things, by way of alterations in and additions to said premises, appellee, during his tenancy … Because the verdict is clearly and manifestly against the evidence, and by reason of said two misleading instructions, the judgment is reversed, and the cause remanded.

Harroun v. The Addison Police Pension Board

Appellate Court of Illinois · Mar 21, 2007

For purposes of this provision, it is well established that the definition of "act of duty" set forth in section 5--113 of the Code (40 ILCS 5/5--113 (West 2000)) applies. See, e.g., Alm v. … Plaintiff alternatively argued that the apprehension of Hanses qualified as an act of duty within the meaning of section 5--113 of the Code because it was an act of heroism.

Ziebell v. Board of Trustees of Police Pension Fund

73 Ill. App. 3d 894 · Appellate Court of Illinois · Jun 14, 1979

Plaintiff asserts that the cases cited are not controlling because they involved increases in benefits already being paid whereas he did not qualify for any pension until after the statute was amended. … The provision establishes that whether pensions are established in return for voluntary or mandatory payments a contractual arrangement is involved, binding the government to fulfill its agreement. (See Kraus v.

People v. Morris

301 Ill. App. 3d 603 · Appellate Court of Illinois · Dec 1, 1998

Officer Les Higgins then testified that he conducted the breathalyzer test administered to defendant and that he was qualified to operate the machine on the date of testing. … He contends that .011 is clearly greater than the .01 margin of error allowed by the regulation so the trial court’s ruling must be affirmed.

Reed v. Country Place Apartments Moweaqua I, L.P.

2016 IL App (5th) 150170 · Appellate Court of Illinois · Mar 22, 2016

¶ 14 We turn, therefore, to the issue of immunity under the Act. … common law, the Murphy-Hylton court concluded that the Act must be interpreted narrowly, as evidenced by the general rule of law that when the General Assembly intends to abrogate the common law, that intent must be clearly

Gaston v. Founders Insurance

365 Ill. App. 3d 303 · Appellate Court of Illinois · Mar 13, 2006

DiLisio is certainly qualified to talk about repair costs, and given an appropriate amount of homework I suppose he might be qualified to talk about Chicagoland repair costs. *** [But] the five phone calls made by Mr. … DiLisio is certainly qualified to talk about repair costs, and given an appropriate amount of homework I suppose he might be qualified to talk about Chicagoland repair costs.”

Reed v. Country Place Apartments Moweaqua I, L.P.

2016 IL App (5th) 150170 · Appellate Court of Illinois · Jun 13, 2016

¶ 14 We turn, therefore, to the issue of immunity under the Act. … common law, the Murphy-Hylton court concluded that the Act must be interpreted narrowly, as evidenced by the general rule of law that when the General Assembly intends to abrogate the common law, that intent must be clearly

Gore v. Provena Hospital

2015 IL App (3d) 130446 · Appellate Court of Illinois · May 13, 2015

It held: “The form at issue states clearly and concisely that none of the physicians at defendant hospital are its employees, agents, or apparent agents and are instead independent … In other words, the majority seems to rule that the plaintiff’s signing of such a consent form retroactively immunizes the hospital by making it impossible for the plaintiff to prove the “holding out”

Henson v. Macon County Jail

2025 IL App (5th) 230473-U · Appellate Court of Illinois · Jun 27, 2025

The defendant argued that the applicable statute of limitations for tort claims against a government entity was one year, pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act … A small claims complaint is to be liberally construed; the complaint is sufficient where it clearly notifies the defendant of the nature of the claim. Porter v. Urbana-Champaign Sanitary District, 237 Ill.

People v. Limas

45 Ill. App. 3d 643 · Appellate Court of Illinois · Feb 4, 1977

In Illinois, a psychiatrist who examines a patient merely for the purpose of qualifying as a witness ordinarily may not testify as to his professional opinions when they are based upon the patient’s description of subjective … Such was clearly the case here.

People v. Fletcher

40 Ill. App. 3d 537 · Appellate Court of Illinois · Jul 29, 1976

The first issue is whether the evidence is sufficient to establish defendant’s guilt beyond a reasonable doubt. We find that it is. … A microscopic comparison by a qualified expert revealed that pry marks on the Hill trailer door were made by a screwdriver found underneath defendant’s clothing in a chest of drawers.

People v. Rosalez

194 N.E.3d 929 · Appellate Court of Illinois · Sep 15, 2021

The State later gave Gonzalez use immunity, and he testified for the State. ¶ 30 On redirect examination, the State returned to the issue of Vilayhong’s window, establishing that Gonzalez had never told … It explained: “The testimony of Molstad’s codefendants clearly qualifies as newly discovered evidence.

Doria v. Village of Downers Grove

397 Ill. App. 3d 752 · Appellate Court of Illinois · Dec 29, 2009

defendant to introduce a defective affidavit into evidence and that the trial court erred in concluding that defendant was not liable pursuant to section 3—102(a) of the Local Governmental and Governmental Employees Tort Immunity … Plaintiff argues that, even so, an affidavit that asserts an opinion must qualify as expert testimony (Protective Insurance Co. v. Coleman, 144 Ill.

United Stationers Supply Co. v. Zurich American Insurance Co.

Appellate Court of Illinois · Sep 30, 2008

Zurich responds that United Stationers did not establish that it qualified as an additional insured under the CGL policy. Zurich argues that there was no written contract requiring D.C. … The certificate of insurance clearly provided that it was not part of the policy and that the insured had to look to the policy to ascertain the extent of coverage.” Kraemer, 298 Ill. App. 3d at 811.

Village of Franklin Park v. Sardo

445 Ill. Dec. 148 · Appellate Court of Illinois · Aug 10, 2020

¶ 25 Finally, we examine mixed questions of law and fact under the intermediate, clearly erroneous standard. … ¶ 40 The standard for determining whether a police officer’s mental disability qualifies for a line-of-duty pension is set out in Robbins, 177 Ill. 2d 533.

People v. Stokes

95 Ill. App. 3d 62 · Appellate Court of Illinois · Apr 28, 1981

His opinion as to the general trajectory of the shot which hit Lustro and as to the point of origin of the gunfire was clearly based upon his observations of the scene of the crime, which could not be reproduced for the jury … Failure to object even to improper testimony does not establish lack of competent representation. (People v. Grant (1976), 38 Ill. App. 3d 62, 70 , 347 N.E.2d 244 .)