Illinois Cases ©   Coverage   Help   Search Westlaw   Topic: AllCommercial Law & ContractsCriminal JusticeEducationEstate Planning & ProbateFamily LawHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsProfessional MalpracticeReal PropertySecurities & Blue Sky LawTaxationTort LawWorkers Compensation The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Donald J. TOMCZAK, Defendant-Appellant. , Ill.App. 2 Dist., November 19, 2009 Appeal from the Circuit Court of Du Page County. No. 08-DT-1752, Daniel P. Guerin, Judge, Presiding. Justice O'MALLEY delivered the opinion of the court: Defendant, Donald J. Tomczak, timely appeals the denial of his petition to rescind the statutory summary suspension of his driving privileges. Defendant claims that the summary suspension should be rescinded because he was never warned that his privileges to drive could be summarily suspended if testing revealed that he had methamphetami... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David D. WALKER, Defendant-Appellant. , Ill.App. 2 Dist., November 19, 2009 Appeal from the Circuit Court of Winnebago County. No. 01-CF-1358, Joseph G. McGraw, Judge, Presiding. Justice McLAREN delivered the opinion of the court: Defendant, David D. Walker, appeals from an order dismissing all pending collateral pleadings relating to his criminal conviction, including a petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2006)) and several successive petitions under section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5... Corinne THOMPSON, Indiv. and as Independent Administrator of the Estate of Trevor Thompson, Deceased, and as Independent Administrator of the Estate of Amber Thompson, Deceased, Plaintiff-Appellant, v. Christie GORDON; Grand Avenue Properties, Inc., Ill.App. 2 Dist., November 19, 2009 Appeal from the Circuit Court of Lake County. No. 98--L--945, David M. Hall, Judge, Presiding. Justice O'MALLEY delivered the opinion of the court: [FN1] FN1. This case was fully briefed and ready for disposition on December 19, 2007. The case was assigned to the present panel with the dissenting justice designated as author on July 7, 2008. It was transferred to Justice O'Malley as author on October 2, 2009. Plaintiff, Corinne Thompson, both individually and as administrator of the est... The PEOPLE of the State of Illinois, Appellant, v. Ricardo SIGUENZA-BRITO, Appellee. , Ill., November 19, 2009 OPINION Justice FREEMAN delivered the judgment of the court, with opinion. Following a bench trial in the circuit court of Cook County, defendant, Ricardo Siguenza-Brito, was found guilty of multiple offenses relating to kidnapping and criminal sexual assault. The court entered judgment on one count of aggravated kidnapping (720 ILCS 5/10-2(a)(3) (West 2004)) and one count of aggravated criminal sexual assault (720 ILCS 5/12-14(a)(4) (West 2004)), and sentenced defendant to two consecutive si... The PEOPLE of the State of Illinois, Appellant, v. Paul WILLIAMS, Appellee. , Ill., November 19, 2009 OPINION Justice THOMAS delivered the judgment of the court, with opinion. This case involves the constitutionality of Illinois statutory provisions that make criminal offenses out of the acts of pirating sound recordings produced by others and failing to identify sound recordings with a label containing the actual name and address of the person who manufactured the recording. The appellate court found that the antipiracy provision was preempted by the federal Copyright Act of 1976, but it the... The PEOPLE of the State of Illinois, Appellee, v. Phillip L. HORRELL, Appellant. , Ill., November 19, 2009 OPINION Justice BURKE delivered the judgment of the court, with opinion. In the case at bar, we are asked to determine whether the trial court properly sentenced defendant to a term of probation on one count which was to commence after his release from prison on other counts. For the reasons that follow, we conclude that the trial court properly sentenced defendant. Background Defendant, Phillip Horrell, was charged with six counts of forgery (720 ILCS 5/17-3(a)(1), (a)(2) (West 2004)), ... The PEOPLE of the State of Illinois, Appellee, v. Joel WILLIAMS, Appellant. , Ill., November 19, 2009 OPINION Justice THOMAS delivered the judgment of the court, with opinion. At issue is whether a State's Attorney may recover a statutory $50 appeal fee (55 ILCS 5/4-2002(a) (West 2008)) when the defendant is partially successful on appeal. BACKGROUND Following a jury trial, defendant, Joel Williams, was convicted of aggravated battery (720 ILCS 5/12-4(b)(1) (West 2006)) and domestic battery (720 ILCS 5/12-3.2(a)(2) (West 2006)). The trial court sentenced defendant to concurrent terms of ... The PEOPLE of the State of Illinois, Appellant, v. Salvador ORTIZ, Appellee. , Ill., November 19, 2009 OPINION Justice BURKE delivered the judgment of the court, with opinion. Defendant Salvador Ortiz was convicted of first degree murder after a bench trial and sentenced to 47 years in prison. On direct appeal, the appellate court affirmed defendant's conviction and sentence. People v. Ortiz, No. 1-94-2094 (1996) (unpublished order under Supreme Court Rule 23). Defendant's first two postconviction petitions were summarily dismissed by the circuit court of Cook County. The third petition, at is... Nancy KEAN, Appellant (Chip Russell, Intervenor-Appellant), v. WAL-MART STORES, INC., et al., Appellees (Illinois Department of Revenue et al., Intervenors-Appellees). , Ill., November 19, 2009 OPINION Chief Justice FITZGERALD delivered the judgment of the court, with opinion. At issue in this appeal is whether shipping charges for certain internet purchases of tangible personal property are subject to Illinois sales tax pursuant to the Retailers' Occupation Tax Act (ROTA) (35 ILCS 120/1 et seq. (West 2006)) and Use Tax Act (35 ILCS 105/1 et seq. (West 2006)). We hold that they are and therefore affirm the judgment of the appellate court affirming the dismissal of plaintiffs' compla... The PEOPLE of the State of Illinois, Appellant, v. Charles DE FILIPPO, Appellee. , Ill., November 19, 2009 OPINION Chief Justice FITZGERALD delivered the judgment of the court, with opinion. This case arises out of the writings of defendant, Charles De Filippo, to secure eligibility for a pension. While these writings were made in defendant's own name and under his own authority, they contained false information. The question we consider is whether there was evidence sufficient to convict defendant of forgery where defendant's writings contained false information, but did not purport "to have been... In re TORSKI C., a Person Found Subject to Involuntary Admission, The People of the State of Illinois, Petitioner-Appellee, v. Torski C., Respondent-Appellant. , Ill.App. 4 Dist., November 17, 2009 Appeal from Circuit Court of Sangamon County, No. 08MH865, Esteban F. Sanchez, Judge Presiding. Justice APPLETON delivered the opinion of the court: In November 2008, a petition was filed for the emergency involuntary admission of respondent, Torski C., alleging he was mentally ill, unable to understand his need for treatment because of the nature of his illness, and reasonably expected to engage in dangerous conduct. In December 2008, the trial court conducted a hearing and granted the p... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Danny COMAGE, Defendant-Appellant. , Ill.App. 4 Dist., November 17, 2009 Appeal from Circuit Court of Macon County, No. 07CF393. Timothy J. Steadman, Judge Presiding. Justice MYERSCOUGH delivered the opinion of the court: In February 2008, a jury convicted defendant, Danny Comage, of obstructing justice (720 ILCS 5/31-4(a) (West 2006)). In May 2008, the trial court sentenced defendant to three years in the Illinois Department of Corrections (DOC). Defendant appeals, arguing the State failed to prove his guilt beyond a reasonable doubt because his act of throwi... COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. STYCK'S BODY SHOP, INC., Defendant-Appellant. , Ill.App. 4 Dist., November 17, 2009 Appeal from Circuit Court of Ford County, Nos. 00LM3, 01LM7, Stephen R. Pacey , Judge Presiding. Justice POPE delivered the opinion of the court: In April 2001, plaintiff, Country Mutual Insurance Company (Country), filed a complaint in replevin, asserting defendant, Styck's Body Shop, Inc. (Body Shop), unlawfully possessed several of its vehicles. Specifically, Country contended Body Shop refused to release the vehicles from storage to Country because Country refused to pay a $50 proce... In re Application of the COUNTY COLLECTOR OF DU PAGE COUNTY FOR JUDGMENT FOR TAXES FOR the YEAR 1999 (First American Bank Corporation et al., Objectors-Appellants, v. Gwen Henry, Successor to John Lotus Novak, Du Page County Treasurer and ex offic, Ill.App. 2 Dist., November 17, 2009 Appeal from the Circuit Court of Du Page County, No. 00-T-1, Thomas C. Dudgeon, Judge, Presiding. Justice SCHOSTOK delivered the opinion of the court: First American Bank and other taxpayers (collectively, the taxpayers) filed objections to 1999 taxes collected by the Du Page County collector on behalf of the Forest Preserve District of Du Page County (the district), specifically for the district's levy for its annual contribution to the Illinois Municipal Retirement Fund (the Fund). The ... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Antonio M. VERNON, Defendant-Appellant. , Ill.App. 2 Dist., November 17, 2009 Appeal from the Circuit Court of Lake County. No. 05--CV--1395 Honorable Charles D. Johnson and Victoria L. Martin, Judges, Presiding. Justice BURKE delivered the opinion of the court: Defendant, Antonio M. Vernon, appeals from his conviction of the misdemeanor offense of unlawful display of martial arts devices on Department of Natural Resources land. See 17 Ill. Adm.Code § 110.170, as amended at 24 Ill. Reg. 12556, eff. August 7, 2000 ("It shall be unlawful for any person, other than a... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Pamela JACOBAZZI, Defendant-Appellant. , Ill.App. 2 Dist., November 17, 2009 Appeal from the Circuit Court of Du Page County. No. 95-CF-1160, Robert J. Anderson, Judge, Presiding. Justice O'MALLEY delivered the opinion of the court: Defendant, Pamela Jacobazzi, appeals from the order of the circuit court of Du Page County denying her postconviction petition following an evidentiary hearing. On appeal, defendant argues that the trial court's determination was manifestly erroneous. We affirm but remand for a further evidentiary hearing. BACKGROUND This being th... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John LAVELLE, Defendant-Appellant. , Ill.App. 1 Dist., November 17, 2009 Appeal from the Circuit Court of Cook County, Marcus R. Salone, Judge Presiding. Justice KARNEZIS delivered the opinion of the court: Following a jury trial, defendant John Lavelle was convicted of felony murder (720 ILCS 5/9-1(a)(3) (West 2002)) and was sentenced to 60 years' imprisonment. Defendant was also found to have personally discharged a firearm during the commission of the offense that proximately caused the victim's death and was sentenced to an additional 40 years' imprisonm... CABLE AMERICA, INC. d/b/a Satellite America, Plaintiff-Appellant, v. PACE ELECTRONICS, INC., and Minnesota Digital Universe, Inc., Defendants- Appellees. , Ill.App. 1 Dist., November 16, 2009 Appeal from the Circuit Court of Cook County. No. 03 CH 12160, Dennis J. Burke, Judge Presiding. Justice GARCIA delivered the opinion of the court: The plaintiff, Cable America, appeals from the circuit court's dismissal of its fifth amended complaint under section 2-615 of the Illinois Code of Civil Procedure (the Code) (735 ILCS 5/2-615 (West 2006) ("Motions with respect to pleadings")). Judge Dennis J. Burke ruled the plaintiff's fifth amended complaint failed to identify a cause of ac... Roger R. KASNY, Plaintiff-Appellant, v. COONEN AND ROTH, LTD., n/k/a Roth, Melei, Santeler, Ltd., Defendant-Appellee. , Ill.App. 2 Dist., November 13, 2009 Appeal from the Circuit Court of McHenry County. No. 07--LA--120, Maureen P. McIntyre, Judge, Presiding. Justice McLAREN delivered the opinion of the court: Plaintiff, Roger R. Kasny, appeals the dismissal of his legal malpractice claim against defendant, Coonen & Roth, Ltd., n/k/a Roth, Melei, Santeler, Ltd. Plaintiff contends that a small claims judgment for outstanding attorney fees entered in defendant's favor does not bar his legal malpractice case. We reverse and remand. In 2002,... Daniel ECKBURG, Indiv. and as Special Adm'r of the Estate of Kristi Eckburg, Deceased, Plaintiff-Appellant, v. PRESBYTERY OF BLACKHAWK OF the PRESBYTERIAN CHURCH (USA), Defendant-Appellee. , Ill.App. 2 Dist., November 13, 2009 Appeal from the Circuit Court of Ogle County. No. 08--L--1, Stephen C. Pemberton, Judge, Presiding. Justice BOWMAN delivered the opinion of the court: Plaintiff, Daniel Eckburg, individually and as special administrator of the estate of Kristi Eckburg, appeals the September 24, 2008, trial court order dismissing his complaint against defendant, Presbytery of Blackhawk of the Presbyterian Church (USA). Plaintiff's complaint pleaded negligence, wrongful death, and survival actions against d... NATIONAL MAINTENANCE & REPAIR, Appellant, v. The ILLINOIS WORKERS' COMPENSATION COMMISSION et al. (Roger GALE, Appellee). , Ill.App. 5 Dist., November 13, 2009 Appeal from the Circuit Court of Madison County. No. 08-MR-501, Thomas W. Chapman, Judge, Presiding. Eugene F. Keefe, Keefe, Campbell & Associates, Chicago, IL, for Appellant. Becker, Schroader & Chapman, P.C., Todd J. Schroader, Mary E. Massa, Granite City, IL, for Appellee. Justice HOFFMAN delivered the opinion of the court: National Maintenance & Repair (National Maintenance) appeals from an order of the circuit court of Madison County which confirmed a decision of the Illinois W... Nola WILSON, Plaintiff-Appellant, v. Michael E. MOLDA, Defendant (Metrolift, Inc., Defendant-Appellee). , Ill.App. 1 Dist., November 13, 2009 Appeal from the Circuit Court of Cook County. No. 07 L 8517, Jennifer Duncan-Brice, Judge Presiding. Justice ROBERT E. GORDON delivered the opinion of the court: The sole issue on this appeal is whether subsection (b) of section 2-616 of the Code of Civil Procedure applied to the facts of this case. 735 ILCS 5/2- 616(b) (West 2006). Subsection (b) is a relation-back statute that permits the addition of certain claims, even after the statute of limitations has expired, if the claims relate... The COOK COUNTY BOARD OF REVIEW, Petitioner, v. The PROPERTY TAX APPEAL BOARD, an Administrative Agency, and Fulton House Condominium Association, Taxpayer, Respondents. , Ill.App. 1 Dist., November 13, 2009 Petition for Review of an Order of the Property Tax Appeal Board, Docket Numbers: 03-27407.001 through 03-27407.113-R-3, 04-26444.001 through 04- 26444.113-R-3, 05-23475.001 through 05-23475.113-R-3. Presiding Justice TOOMIN delivered the opinion of the court: In the instant matter, we consider the quantum and quality of evidence submitted in a real estate assessment appeal and the interplay of the administrative rules on the content of those proceedings. Following a hearing, the Illinois... Damon D. PERRY, Plaintiff-Appellant, v. The ESTATE OF Irene CARPENTER, A Disabled Person, Defendant-Appellee. , Ill.App. 1 Dist., November 13, 2009 Appeal from the Circuit Court of Cook County. 07 P 2612, Mary Ellen Coghlan, Judge Presiding. Presiding Justice TOOMIN delivered the opinion of the court: In this appeal, we consider whether a contract for the sale of a disabled person's home was properly set aside by the circuit court based upon equitable considerations. In the proceedings below, Damon D. Perry's contract to purchase a house from the disabled person's estate was initially approved by the probate court, but was later unil... PEOPLE State of Illinois, respondent, v. Darrell FAIR, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Fair, case No. 1-05-3259 (05/18/07). The appellate court is directed to rec... Maria SALINAS, movant, v. Hon. Robert D. McLAREN, Justice of the Appellate Court, Second District, et al., respondents. , Ill., November 12, 2009 Due to clerical error the order of November 10, 2009, makes reference to the Appellate Court, First District, rather than the Appellate Court, Second District. Typographical error corrected this date, nunc pro tunc November 10, 2009. Motion by movant for a supervisory order. Motion allowed. In the exercise of this Court's supervisory authority, the Appellate Court, Second District, is directed to vacate its order of September 17, 2009, dismissing the appeal in People v. Salinas, No. 2-08-0... PEOPLE State of Illinois, respondent, v. Kristopher DELONEY, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Deloney, case No. 1-07-0257 (07/23/08). The appellate court is directed to ... PEOPLE State of Illinois, respondent, v. Carl HEMPHILL, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Hemphill, case No. 1-06-3481 (06/20/08). The appellate court is directed to... PEOPLE State of Illinois, respondent, v. Charles BROOKS, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Brooks, case No. 1-07-0019 (04/23/08). The appellate court is directed to r... PEOPLE State of Illinois, respondent, v. Ernest HUBBARD Jr., petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, Second District, is directed to vacate its judgment in People v. Hubbard, case Nos. 2-05-0911 and 2-06-0349 (09/10/07). The appellate court... PEOPLE State of Illinois, respondent, v. Decis CHEVERSAN, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Cheversan, case No. 1-05-3666 (07/25/07). The appellate court is directed t... PEOPLE State of Illinois, respondent, v. Nickolas HASELRIG, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Haselrig, case No. 1-06-0437 (06/28/07). The appellate court is directed to... PEOPLE State of Illinois, respondent, v. Jose VELASCO, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its order in People v. Velasco case No. 1-05-2044 (03/08/07). The appellate court is directed to reco... PEOPLE State of Illinois, respondent, v. Joseph DOLE, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Dole, case No. 1-05-2495 (05/21/07). The appellate court is directed to rec... PEOPLE State of Illinois, respondent, v. Freddie RAMIREZ, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, Second District, is directed to vacate its judgment in People v. Ramirez, case Nos. 2-05-0583 and 2-06-0247 (02/27/07). The appellate court is ... PEOPLE State of Illinois, respondent, v. Allen BLOOMINGBURG, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Bloomingburg, case No. 1-05-0949 (04/16/07). The appellate court is directe... PEOPLE State of Illinois, respondent, v. James THIVEL, petitioner. , Ill., November 12, 2009 Motion by petitioner for leave to file a motion for reconsideration of the order denying petition for leave to appeal. Motion allowed. The motion for reconsideration is allowed. The order denying the petition for leave to appeal is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Thivel, case No. 1-05-0590 (09/18/06). The appellate court is directed to r... TOM GEISE PLUMBING, INC., an Illinois Corporation, Plaintiff-Appellant, v. Patrick TAYLOR and Robin Taylor, Defendants-Appellees. , Ill.App. 4 Dist., November 10, 2009 Appeal from Circuit Court of Adams County, No. 08LM111, Thomas J. Ortbal, Judge Presiding. Justice MYERSCOUGH delivered the opinion of the court: In May 2008, plaintiff, Tom Geise Plumbing, Inc., an Illinois corporation, filed a complaint against defendants, Patrick and Robin Taylor, seeking monetary damages for defendants' failure to pay plaintiff for plumbing work plaintiff performed. In June 2008, defendants filed a motion to dismiss, arguing plaintiff violated the Home Repair and Remo... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Craig J. BLANTON, Defendant-Appellant. , Ill.App. 4 Dist., November 10, 2009 Appeal from Circuit Court of Champaign County, No. 07CF488, Harry E. Clem, Judge Presiding. Justice MYERSCOUGH delivered the opinion of the court: In December 2007, a jury found defendant, Craig J. Blanton, guilty of armed robbery (720 ILCS 5/18-2(a)(2) (West 2006)) and aggravated robbery (720 ILCS 5/18-5(a) (West 2006)). In January 2008, the trial court vacated the aggravated-robbery conviction under the one-act, one-crime rule and sentenced defendant to 25 years' imprisonment for armed ... TTC ILLINOIS, INC./TOM VIA TRUCKING, (Illinois Insurance Guaranty Fund Appellant), v. The ILLINOIS WORKERS' COMPENSATION COMMISSION, et al. (Donald Keen, Appellee). TTC Illinois, Inc./Tom Via Trucking, (Illinois Insurance Guaranty Fund Appellant),, Ill.App. 5 Dist., November 10, 2009 Appeal from the Circuit Court of Williamson County, Nos. 08 MR 75, 08 MR 76, Brad K. Bleyer, Judge Presiding. Matthew Pelikan, Gregory T. Cook, McAnany, Van Cleave & Phillips, St. Louis, MO, for Appellant. David A. Nester, Patrick J. Madigan, Nester & Constance, P.C., Belleville, IL, for Appellee. Justice HOFFMAN delivered the opinion of the court: TTC Illinois, Inc./Tom Via Trucking and the Illinois Insurance Guaranty Fund (hereinafter collectively referred to as the Employer/Fund) fi... FORD MOTOR CREDIT COMPANY, d/b/a Jaguar Credit, and Tinley Park J. Imports, Inc., d/b/a Jaguar of Tinley Park, Plaintiffs-Appellants, v. Linda CORNFIELD, Defendant-Appellee. , Ill.App. 2 Dist., November 10, 2009 Appeal from the Circuit Court of Du Page County. No. 09-CH-1891, Bonnie M. Wheaton, Judge, Presiding. Justice BOWMAN delivered the opinion of the court: Defendant, Linda Cornfield, submitted an arbitration demand for claims against plaintiffs, Ford Motor Credit Company, d/b/a Jaguar Credit (Ford Credit), and Tinley Park J. Imports, Inc., d/b/a Jaguar of Tinley Park (Jaguar of Tinley Park), arising from defendant's 2004 purchase of a used Jaguar. Plaintiffs in turn filed a complaint for a ... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Efren AGUILAR, Defendant-Appellant. , Ill.App. 1 Dist., November 10, 2009 Appeal from the Circuit Court of Cook County. Stanley Sacks, Judge Presiding. Justice QUINN delivered the opinion of the court: Following a jury trial, defendant, Efren Aguilar, was found guilty of first degree murder in the shooting death of Brandon McClelland. The trial court sentenced defendant to 50 years' imprisonment--25 years on the first degree murder conviction and an additional 25 years for using a firearm during the offense. The trial court denied defendant's motion for a judg... PREMIER NETWORKS, INC., an Illinois Corporation, Plaintiff-Appellant and Cross- Appellee, v. STADHEIM AND GREAR, LTD., an Illinois Limited Liability Company, Joseph A. Grear, and George C. Summerfield, Defendants-Appellees and Cross-Appellants. , Ill.App. 1 Dist., November 10, 2009 Appeal from the Circuit Court of Cook County. No. 04 CH 2575, Kathy M. Flanagan, Judge Presiding. Presiding Justice CUNNINGHAM delivered the opinion of the court: Premier Networks, Inc. (Premier), sued the law firm of Stadheim & Grear, Ltd., and two of its attorneys, Joseph A. Grear and George C. Summerfield (collectively referred to herein as Stadheim) for legal malpractice and a declaratory judgment seeking to void Premier's contingent fee agreement with Stadheim. The circuit court of C... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Derrick HATCHETT, Defendant-Appellant. , Ill.App. 1 Dist., November 10, 2009 Appeal from the Circuit Court of Cook County. No. 05 CR 17920, Thomas Sumner, Judge Presiding. Presiding Justice CUNNINGHAM delivered the opinion of the court: Following a bench trial in the circuit court of Cook County, defendant Derrick Hatchett was convicted of first-degree murder and sentenced to 45 years of imprisonment. On appeal, the defendant argues that: (1) he was denied a fair trial when the trial court admitted the decedent's statement as an excited utterance and/or dying decl... The CITY OF CHICAGO, Petitioner, v. ILLINOIS LABOR RELATIONS BOARD LOCAL PANEL and International Brotherhood of Teamsters, Local 743, Respondents. , Ill.App. 1 Dist., November 10, 2009 Petition for Review from the Illinois Labor Relations Board Local Panel, No. LRC 8043. Justice QUINN delivered the opinion of the court: Petitioner, the City of Chicago (City), filed a petition seeking direct review of an order from the Illinois State Labor Relations Board, Local Panel (Board) certifying respondent, International Brotherhood of Teamsters, Local 743 (Teamsters), as the exclusive bargaining representative of approximately 34 employees of the City in the classifications of "... Katherine HEUPEL, Plaintiffs-Appellant, v. Jorie Lynn JENKINS, Defendant-Appellee. , Ill.App. 1 Dist., November 10, 2009 Appeal from the Circuit Court of Cook County. No. 05 L 928, Richard J. Elrod, Judge Presiding. Justice COLEMAN delivered the opinion of the court: [FN1] FN1. Due to the retirement of Justice Alan J. Greiman, Justice Sharon Johnson Coleman has been assigned to be the third panel member on this case. This cause of action arises from a September 7, 2000, accident involving two cars and a pedestrian. Plaintiff, Katherine Heupel, was walking southbound on the sidewalk on Woodlawn Ave... In re ROBERT F., a Person Found Subject to Involuntary Admission, The People of the State of Illinois, Petitioner-Appellee, v. Robert F., Respondent-Appellant. , Ill.App. 4 Dist., November 9, 2009 Appeal from Circuit Court of Sangamon County, No. 08MH765, Esteban F. Sanchez, Judge Presiding. Justice APPLETON delivered the opinion of the court: Respondent, Robert F., appeals from the trial court's order finding that he was a person subject to involuntary admission and ordering him to be treated for his mental illness for a period not to exceed 90 days at Springfield Terrace Nursing Home pursuant to an agreement for alternative treatment. Because the court's order complied with neith... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ricky KING, Defendant-Appellant. , Ill.App. 4 Dist., November 9, 2009 Appeal from Circuit Court of Champaign County, No. 02CF1610, Thomas J. Difanis, Judge Presiding. Justice POPE delivered the opinion of the court: In September 2002, the State charged defendant, Ricky King, with five counts of first degree murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 2000)). Later that month, the trial court granted the State's motion to dismiss the criminal charges on the belief defendant had not yet reached 15 years of age at the time of the alleged crime. That same day, t... In re JAY. H., Jas. H., and T.W., Minors, The People of the State of Illinois, Petitioner-Appellee, v. Jason Hodges, Respondent-Appellant. In re Jay. H., Jas. H., and T.W., Minors, The People of the State of Illinois, Petitioner-Appellee, v. S, Ill.App. 4 Dist., November 9, 2009 Appeal from Circuit Court of McLean County, No. 08JA37, Kevin P. Fitzgerald, Judge Presiding. Justice STEIGMANN delivered the opinion of the court: In January 2009, the State filed an amended petition to terminate the parental rights of respondent mother, Shannon Toler, as to her children Jay. H. (born April 22, 2005), Jas. H. (born June 4, 2004), and T.W. (born September 9, 1994). In March 2009, the State filed a first supplemental amendment to its petition seeking to terminate the paren... In re D.M. and R.O.M., Minors (The People of the State of Illinois, Petitioner-Appellee, v. Ronald M. and Dayna M., Respondents-Appellants). , Ill.App. 3 Dist., November 9, 2009 Appeal from the Circuit Court of the 9th Judicial Circuit, McDonough County, Illinois, Nos. 08--JA--1 and 08--JA--2, Patricia A. Walton, Judge, Presiding. Justice SCHMIDT delivered the opinion of the court: The State filed petitions alleging that the minors D.M. and R.O.M ., children of the respondents, Ronald M. and Dayna M., were abused and neglected. Before ruling on the petitions, the court issued orders that concerned: (1) tasks for the parents to complete, including a sex offender a... Bill REYNOLDS, Petitioner-Appellant Cross-Appellee, v. ILLINOIS WORKERS' COMPENSATION COMMISSION DIVISION (Otto Baum Co., Inc., Appellee) Respondent-Appellee Cross-Appellant. , Ill.App. 3 Dist., November 9, 2009 Appeal from Circuit Court of LaSalle County, No. 07MR147, Joseph P. Hettel, Judge Presiding. Presiding Justice McCULLOUGH delivered the opinion of the court: On August 27, 2004, claimant, Bill Reynolds, filed an application for adjustment of claim pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 through 30 (West 2002)), seeking benefits from employer, Otto Baum Co., for injuries he suffered to his neck on July 13, 2004. After a hearing, an arbitrator found claimant proved h... Cheryl A. HEIDEN and Amelia Heiden, Plaintiffs-Appellants, v. DNA DIAGNOSTICS CENTER, INC., Defendant and Third-Party Plaintiff-Appellee (Northern Illinois Clinical Laboratory, Ltd., and Gemma Ledesma, Third-Party Defendants). , Ill.App. 2 Dist., November 9, 2009 Appeal from the Circuit Court of McHenry County. No. 04-LA-266, Maureen P. McIntyre, Judge, Presiding. Justice BURKE delivered the opinion of the court: Plaintiffs, Cheryl A. Heiden and Amelia Heiden, appeal the judgment of the circuit court of McHenry County, which granted summary judgment in favor of defendant, DNA Diagnostics Center, Inc. (the Center). We dismiss the appeal for lack of jurisdiction. FACTS On February 24, 1999, Cheryl, on her own behalf and on behalf of her then- m... AUSTIN BANK OF CHICAGO, as Trustee under Trust No. 4261, Petitioner-Appellee, v. The VILLAGE OF BARRINGTON HILLS, an Illinois Municipal Corporation, Respondent- Appellant. , Ill.App. 1 Dist., November 9, 2009 Appeal from the Circuit Court of Cook County. No. 01 CH 7882, Peter Flynn, Judge Presiding. Justice GARCIA delivered the opinion of the court: The Village of Barrington Hills (the Village) appeals from an order granting the petition of Austin Bank of Chicago to disconnect a 145-acre parcel of land (the subject property) from the Village's jurisdiction pursuant to section 7-3- 6 of the Illinois Municipal Code (the Code) (65 ILCS 5/7-3-6 (West 2006)). The Village contends the disconnection ... Charles W. KOPCHAR, Plaintiff-Appellant, v. The CITY OF CHICAGO, a Municipal Corporation, and Human Performance Systems, Inc., a Foreign Corporation, Defendants-Appellees. , Ill.App. 1 Dist., November 6, 2009 Appeal from the Circuit Court of Cook County. 08 MR 292, William O. Maki, Judge Presiding. Presiding Justice TOOMIN delivered the opinion of the court: We are asked to determine whether section 7 of the Freedom of Information Act (FOIA) (5 ILCS 140/7 (West 2006) requires disclosure of the criteria or standards used to evaluate the physical abilities tests administered to firefighter applicants. We hold it does not. [FN1] Plaintiff brought claims against the City of Chicago (City) and its... Jeffrey SCHILLING and Nancy Schilling, Plaintiffs-Appellants, v. Patricia STAHL, Matthew Stahl, Gerald Howell, and U-Sell We Buy Enterprise, Inc., Defendants-Appellees. , Ill.App. 2 Dist., November 5, 2009 Appeal from the Circuit Court of Boone County, No. 08--L--07, Paul A. Logli, Judge, Presiding. Justice McLAREN delivered the opinion of the court: Plaintiffs, Jeffrey and Nancy Schilling, appeal from the trial court's order denying their motion for summary judgment and granting the motion for summary judgment of defendants, Patricia and Matthew Stahl, Gerald Howell, and U-Sell We Buy Enterprise, Inc. (U-Sell). We reverse and remand. On February 4, 2008, the Schillings filed a three-cou... In re SETH S., a Minor, The People of the State of Illinois, Petitioner- Appellee, v. SETH S., Respondent-Appellant. , Ill.App. 4 Dist., November 4, 2009 Appeal from Circuit Court of Schuyler County, No. 06JD22, Alesia A. McMillen, Judge Presiding. Justice MYERSCOUGH delivered the opinion of the court: In October 2006, the State filed a petition for the adjudication of wardship of respondent, Seth S., born October 29, 1991. The petition alleged that respondent was delinquent for committing two offenses of aggravated criminal sexual assault against his sister (720 ILCS 5/12-14(b)(i) (West 2006)) and one offense of sexual abuse against his b... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Carl ARMSTRONG, Defendant-Appellant. , Ill.App. 1 Dist., November 2, 2009 Appeal from the Circuit Court of Cook County. No. 06 CR 18829, Michael Toomin, Presiding Judge. Justice GARCIA delivered the opinion of the court: Following a bench trial, the defendant was convicted of the involuntary manslaughter of his three-month-old son and sentenced to seven years in prison. The defendant's primary contention on appeal centers on when his son was legally brain dead to trigger the application of section 103-2.1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/10... Clara George MINCH, Plaintiff-Appellant, v. Ronald J. GEORGE, Defendant-Appellee. , Ill.App. 1 Dist., October 30, 2009 Appeal from the Circuit Court of Cook County. Nos. 03 L 6054, 78 D 26334 (cons.), Raul Vega, Judge Presiding. Justice ROBERT E. GORDON delivered the opinion of the court: On June 30, 1982, a judgment for dissolution of marriage was entered by the circuit court of Cook County dissolving the marriage of plaintiff Clara George Minch to defendant Ronald J. George. On April 12, 1984, plaintiff (wife) filed a "Petition to Vacate the Judgment for Dissolution of Marriage" (petition) pursuant to ... CMK DEVELOPMENT CORPORATION, an Illinois Corporation, Plaintiff-Appellee and Cross-Appellant, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee. , Ill.App. 1 Dist., October 30, 2009 Appeal from the Circuit Court of Cook County. No. 04 L 361, Allen S. Goldberg, Judge Presiding. Thomas F. Lucas, McKenna Storer, of Ghicago, IL, for Appellant. Howard L. Teplinsky and Antonio Hays, of Buffalo Grove, IL, for Appellee. Justice ROBERT E. GORDON delivered the opinion of the court: This appeal concerns whether an insurance company had a duty to defend its insured, a residential developer. The facts are undisputed, and can be summarized in a paragraph. After the develo... Pamela MALINOWSKI, Plaintiff-Appellant, v. The COOK COUNTY SHERIFF'S MERIT BOARD; and The Sheriff of Cook County, Defendants-Appellees. , Ill.App. 1 Dist., October 29, 2009 Appeal from the Circuit Court of Cook County. No. 07 CH 23392, Daniel A. Riley, Judge Presiding. Justice NEVILLE delivered the opinion of the court: Plaintiff, Pamela Malinowski, appeals from an order of the circuit court confirming the order of the Cook County Sheriff's Merit Board (Board) discharging her from employment by the Sheriff of Cook County (Sheriff). On appeal, plaintiff contends that the Sheriff had no rule or policy requiring her to perform the acts that she was accused of f... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jesus ALVAREZ-GARCIA, Defendant-Appellant. , Ill.App. 1 Dist., October 29, 2009 Appeal from the Circuit Court of Cook County, 02 CR 27621, Thomas R. Sumner, Judge Presiding. Patricia Unsinn, Deputy Defender, Office of the State Appellate Defender, Emily E. Filpi, Of Counsel, Chicago, IL, for Defendant-Appellant. Richard A. Devine-State's Attorney, State's Attorney of Cook County, James E. Fitzgerald, Mary P. Needham, William C. Swallow, Of Counsel, Chicago, IL, for Plaintiff-Appellee. Justice NEVILLE delivered the opinion of the court: Jesus Alvarez-Garcia wa... The CARLE FOUNDATION, an Illinois Not-for-Profit Corporation, Plaintiff- Appellee, v. The ILLINOIS DEPARTMENT OF REVENUE; and Brian Hamer, in His Official Capacity as Director of the Illinois Department of Revenue, Defendants-Appellants, and The, Ill.App. 4 Dist., October 29, 2009 Appeal from Circuit Court of Champaign County, No. 08L202, Richard P. Klaus, Judge Presiding. Justice APPLETON delivered the opinion of the court: Plaintiff, the Carle Foundation (Foundation), filed a complaint requesting a judicial declaration pursuant to section 23-25(e) of the Property Tax Code (Code) (35 ILCS 200/23-25(e) (West 2006)) that four parcels of land it used in connection with the operation of its hospital in Urbana were exempt from property taxes for the years 2004 through 200... The PEOPLE of the State of Illinois, Appellee, v. Lavar BRIDGEWATER, Appellant. , Ill., October 29, 2009 Holdings: The Supreme Court, Kilbride, J., held that: (1) state's filing of motion to reconsider tolled 30-day period in which to file notice of appeal, and (2) search-incident-to-arrest exception to warrant requirement did not apply to search of defendant's automobile. Appellate Court's judgment reversed, Circuit Court's judgment affirmed, and cause remanded. Freeman, J., filed dissenting opinion. OPINION Justice KILBRIDE delivered the judgment of the court, with opinion. Defe... The PEOPLE of the State of Illinois, Appellee, v. James BANNISTER, Appellant. , Ill., October 29, 2009 OPINION Chief Justice FITZGERALD delivered the judgment of the court, with opinion. Defendant James Bannister was convicted of two counts of first degree murder and sentenced to natural life imprisonment for his role in a gang- related shooting. His convictions and sentence were affirmed on direct appeal. People v. Young, 263 Ill.App.3d 627 (1994). The defendant then filed a postconviction petition, alleging actual innocence because the key witness for the State had recanted his trial testimo... ACME MARKETS, INC., et al., Appellants, v. Karen CALLANAN, County Treasurer and ex officio County Collector of Will County, Illinois, Appellee. , Ill., October 29, 2009 OPINION Justice KARMEIER delivered the judgment of the court, with opinion. Plaintiff Acme Markets, Inc., and other taxpayers (hereafter taxpayers), brought this tax objection proceeding pursuant to section 23-5 et seq. of the Property Tax Code (35 ILCS 200/23-5 et seq. (West 2000)) to obtain a refund of certain taxes they had paid to Karen Callanan, county treasurer and ex officio county collector of Will County (hereafter County) for the tax year 2001. The taxes in question had been levied ... In re ESTATE OF Grace ELLIS, Deceased (Shriners Hospitals for Children, Appellant, v. James G. Bauman, Indiv. and as Ex'r of the Estate of Grace Ellis, Deceased, et al., Appellees). , Ill., October 29, 2009 OPINION Justice BURKE delivered the judgment of the court, with opinion. Grace Ellis executed a will in 1964 naming Shriners Hospitals for Children (Shriners) as beneficiary of her estate if she died without direct descendants. In 1999, she executed a new will naming James G. Bauman as sole beneficiary. Bauman was the pastor of the church of which Ellis was a member. When Ellis died in 2003, the 1999 will was admitted to probate. It was not until 2006 that Shriners became aware of its interes... Toni THORNTON, Indiv. and as Special Adm'r of the Estate of Jason Anthony Ebner, Deceased, Appellee, v. Francisco J. GARCINI, M.D., Appellant. , Ill., October 29, 2009 OPINION Justice KILBRIDE delivered the judgment of the court, with opinion. The primary issue we address in this appeal is whether expert testimony is required to prove negligent infliction of emotional distress. Defendant, Dr. Francisco Garcini, appeals from the second trial of a medical negligence claim. In that action, plaintiff, Toni Thornton, individually and as special administrator of the estate of her deceased infant son, sought damages for her son's death and compensation for neglige... ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. KEY CARTAGE, INC., et al., Appellees. , Ill., October 29, 2009 OPINION Justice BURKE delivered the judgment of the court, with opinion. In this insurance coverage dispute we are asked to determine whether a "reciprocal coverage" provision found in a commercial trucking insurance policy violates the public policy requiring insurance coverage for permissive users of vehicles set forth in section 7-317(b)(2) of the Illinois Safety and Family Financial Responsibility Law (625 ILCS 5/7-317(b)(2) (West 2006)). For the reasons which follow, we hold that it doe... The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kelly ROSS, Defendant-Appellant. , Ill.App. 1 Dist., October 28, 2009 Appeal from the Circuit Court of Cook County, Illinois, No. 04 CR 28351, Michael P. Toomin, Judge Presiding. Presiding Justice MURPHY delivered the opinion of the court: After a bench trial, defendant, Kelly Ross, was convicted of criminal sexual assault and sentenced to life imprisonment. On appeal, he contends that (1) an amendment to the indictment was untimely and improper, (2) evidence of a 17- year-old sexual assault was inadmissible, (3) his mother-in-law's testimony that he was "... Vartika DUBEY, Plaintiff-Appellee and Cross-Appellant, v. PUBLIC STORAGE, INC., a Foreign Corporation, Metropublic Storage Fund, a California Limited Partnership, and PS Illinois Trust, a Public Storage Company, Defendants-Appellants and Cross-Appe, Ill.App. 1 Dist., October 23, 2009 Appeal from the Circuit Court of Cook County. No. 03 L 14696, Allen S. Goldberg, Judge Presiding. Justice FITZGERALD SMITH delivered the opinion of the court: Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively "Metropublic" or "defendant") to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contrac... The JIM MULLEN CHARITABLE FOUNDATION, a Not-for-Profit Illinois Corporation, Plaintiff-Appellant, v. WORLD ABILITY FEDERATION, NFP, a Not-for-Profit Illinois Corporation, Defendant-Appellee. , Ill.App. 1 Dist., October 23, 2009 Appeal from the Circuit Court of Cook County. Mary Anne Mason, Judge Presiding. Justice HOWSE delivered the opinion of the court: On June 21, 2004, plaintiff Jim Mullen Foundation (JMF) filed a lawsuit against defendant World Ability Federation (WAF), alleging trademark mark infringement, trademark dilution, false designation of origin, unfair competition, interference with prospective economic advantage, trespass, and conversion. The circuit court granted summary judgment in defendant's... KYOUNG SUK KIM, Plaintiff-Appellant, v. ST. ELIZABETH'S HOSPITAL OF THE HOSPITAL SISTERS OF THE THIRD ORDER OF ST. FRANCIS, Hospital Sisters Health Systems, Charles W. Courtney, Jr., and Courtney, Clark & Associates, P.C., Defendants-Appellees. , Ill.App. 5 Dist., October 23, 2009 Appeal from the Circuit Court of St. Clair County. No. 07-L-319, Lloyd A. Cueto, Judge, presiding. D. Jeffrey Ezra, Shaun M. Lieser, Collinsville, IL, Attorneys for Appellant. Michael J. Nester, Chi-yong Throckmartin, Donovan, Rose, Nester & Joley, P.C., Belleville, IL, attorneys for St. Elizabeth's Hospital of the Hospital Sisters of the Third Order of St. Francis and Hospital Sisters Health Systems. Stephen R. Clark, Alana I. Mejias, Courtney, Clark & Associates, P.C., Belleville, IL,... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com