OPINION JUSTICE BURKE delivered the judgment of the court, with opinion. 1 Plaintiffs Baldomero Zamora Jr. and Brittney Zamora Cartalino appeal from orders of the circuit court dismissing their lawsuit against defendants Troy and Trina Lewis, United Technologies Corporation, and Walter Kidde Portable Equipment, Inc. (Kidde), on the basis of a lack of personal jurisdiction. 1 In a cross-appeal, those defendants as well as defendants Airbnb, Inc., and Airbnb Payments, Inc. (collectively,...
OPINION JUSTICE CARTER delivered the judgment of the court, with opinion. 1 The plaintiff, the Village of Bolingbrook (Village), filed a breach of contract claim against the defendants, Illinois-American Water Company and American Lake Water Company. Following an appeal to this court, in which this court held the circuit court of Will County did not have subject-matter jurisdiction and vacated the circuit court's rulings ( Village of Bolingbrook v. Illinois-American Water Co., 2016 IL...
OPINION JUSTICE REYES delivered the judgment of the court, with opinion. 1 Plaintiff Nina Trilisky appeals from an order of the circuit court of Cook County granting defendant, city of Chicago's (City), motion to dismiss her amended class action complaint pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2018)). Plaintiff's amended class action complaint (amended complaint) alleged that sales to and from the Federal National Mortgage Association (...
OPINION JUSTICE LAMPKIN delivered the judgment of the court, with opinion. 1 In this legal malpractice action, plaintiffs Debra and William Elam have sued defendants, the law firm of O'Connor & Nakos, Ltd., and attorney Daniel V. O'Connor, who had represented plaintiffs in the underlying wrongful death action against several entities following the death of their daughter, Megan Elam, who suffered fatal injuries as a passenger in a car driven by an intoxicated friend after a concert....
OPINION JUSTICE McLAREN delivered the judgment of the court, with opinion. 1 Defendant William Gold appeals from the order of the Lake County circuit court granting summary judgment and a judgment of foreclosure to plaintiff, U.S. Bank N.A., as trustee relating to Chase Funding LLC Mortgage Backed Certificates Series 2006-2, and the order approving the report of sale and distribution. Defendant contends that his counteraffidavit opposing summary judgment was timely filed and that it...
OPINION JUSTICE WALKER delivered the judgment of the court, with opinion. 1 Defendant Malvin Washington was convicted in the Circuit Court of Cook County of the Class 1 felony of second degree murder and the Class X felony of aggravated battery with a firearm, and he was sentenced to consecutive terms of 15 years for the second degree murder and 10 years for the aggravated battery with a firearm. Following his sentencing, Malvin asked the trial court to award sentencing credit...
OPINION JUSTICE BURKE delivered the judgment of the court, with opinion. 1 As the sun was setting one night in September 2011, James Langholf, a truck driver and employee of Howe Freightways, Inc. (Howe), was driving his semi-tractor trailer west on Interstate 80 in Iowa when he began to have engine trouble. He pulled over to the shoulder of the highway and turned off his vehicle. When Langholf could not restart it, he called Howe, who told him to call the manufacturer of his engine....
OPINION JUSTICE HUDSON delivered the judgment of the court, with opinion. 1 Plaintiff, Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, as trustee for Normandy Mortgage Loan Trust, Series 2015-1, filed an action to foreclose a mortgage on property owned by defendants Anatoly Zarkhin and Tamara Zarkhin. Plaintiff alleged in part that its mortgage, although recorded after the mortgage held by defendants Aleksandr Bekkerman and Igor Nemov (collectively, Bekkerman), had...
OPINION JUSTICE O'BRIEN delivered the judgment of the court, with opinion. 1 While on duty as a police officer for the City of Peoria, plaintiff, Thane Hunt, was injured in a car accident caused by defendant, Maurio Herrod. Hunt suffered another injury to his back in January 2010 while at a police training. Hunt filed a lawsuit against Herrod, the City of Peoria intervened, and Hunt and Herrod settled their action for $75,000. Peoria asserted a workers' compensation lien of $125,899....
OPINION JUSTICE MOORE delivered the judgment of the court, with opinion. 1 The defendant, State Auto Insurance Companies d/b/a Meridian Security Insurance Company (Meridian), appeals from the March 14, 2018, order of the circuit court of Franklin County, which granted the cross-motion for summary judgment filed by the plaintiffs, Loretta Hess, as guardian of the estate of Meadow Hess, a minor child; Chad Hess, individually and as independent administrator of the estate of Sierra Hess,...
OPINION JUSTICE PUCINSKI delivered the judgment of the court, with opinion. 1 Plaintiffs, Rodell Sanders and City of Chicago Heights (City), appeal from the trial court's dismissal with prejudice of their second amended complaint pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2016)). On appeal, plaintiffs argue that the trial court erred in concluding that the insurance policies issued by defendants, Illinois Union Insurance Company (...
OPINION JUSTICE JORGENSEN delivered the judgment of the court, with opinion. 1 After a disabling injury, plaintiff, Bethany Foy Frisby, a firefighter for defendant the Village of Bolingbrook (Village), applied for a line-of-duty disability pension or, alternatively, a not-on-duty pension. Defendant the Board of Trustees of the Village of Bolingbrook Firefighters' Pension Fund (Board) denied plaintiff's request for a line-of-duty pension but granted her request for a not-on-duty pension....
OPINION JUSTICE O'BRIEN delivered the judgment of the court, with opinion. 1 The plaintiffs, a husband and wife, appealed from jury verdicts in favor of the defendants, a liquor store and one of its employees, in the plaintiffs' separate actions alleging violations of the Illinois Human Rights Act (775 ILCS 5/1-101 et seq. (West 2016)) and 42 U.S.C. 1981 (2012). 2 FACTS 3 The plaintiff, Charles Titus, filed his pro se complaint on January 21, 2016 (No. 16-L-54). The other...
OPINION JUSTICE WRIGHT delivered the judgment of the court, with opinion. 1 Plaintiff, Henry E. James, appeals from the trial court's November 17, 2016, order granting the Village of Bolingbrook's motion for summary judgment in plaintiff's quo warranto action against the Village of Bolingbrook. Plaintiff contends that the Village of Bolingbrook entered into a sham voluntary annexation agreement with an adjacent property owner in order to create contiguous boundaries to reach his...
OPINION JUSTICE ELLIS delivered the judgment of the court, with opinion. 1 In Illinois, proceedings to enforce judgments are strictly regimented by a series of statutes drafted by the General Assembly, with a view that the postjudgment collection process be "swift, cheap, [and] informal." Resolution Trust Corp. v. Ruggiero, 994 F.2d 1221 , 1226 (7th Cir. 1993). But do not tell that to our appellant, MI Management, LLC (MI). MI obtained a money judgment against Frank Talbert, Todd...
OPINION Justice DeARMOND delivered the judgment of the court, with opinion. 1 In December 2015, the State of Illinois Department of Central Management Services (CMS or the State) and the American Federation of State, County and Municipal Employees, Council 31 (AFSCME or Union) began negotiations for a new 2015-19 collective bargaining agreement (CBA). On January 8, 2016, CMS declared an overall impasse and submitted its last, best, and final offer. Both parties filed complaints with...
OPINION JUSTICE JORGENSEN delivered the judgment of the court, with opinion. 1 After a disabling injury, plaintiff, Bethany Foy Frisby, a firefighter for defendant the Village of Bolingbrook (Village), applied for a line-of-duty disability pension or, alternatively, a not-on-duty pension. Defendant the Board of Trustees of the Village of Bolingbrook Firefighters' Pension Fund (Board) denied plaintiff's request for a line-of-duty pension but granted her request for a not-on-duty pension....
OPINION JUSTICE CATES delivered the judgment of the court, with opinion. 1 Defendant, Cerro Flow Products, Inc. (Cerro), appeals from orders of the circuit court finding that an aggregate settlement agreement between 11,546 plaintiffs and defendants—Pharmacia Corporation, now known as Pharmacia LLC; Pharmacia & Upjohn Company LLC; Solutia, Inc.; Monsanto Company; Monsanto AG Products LLC, now known as Monsanto Company; and Eastman Chemical Company (collectively referred to as Monsanto...
OPINION JUSTICE JORGENSEN delivered the judgment of the court, with opinion. 1 Following a jury trial, defendant, William J. Ross, was found guilty of first degree murder and of having discharged a firearm that caused the death of Jacqueline Schaefer. 720 ILCS 5/9-1(a)(2) (West 2014); 730 ILCS 5/5-8-1(d)(iii) (West 2014). The trial court sentenced defendant to 24 years' imprisonment for first degree murder and a consecutive 25 years' imprisonment for the use of a firearm, for a total...
OPINION JUSTICE CHAPMAN delivered the judgment of the court, with opinion. 1 Kerry Ray (Ray) filed an accounting malpractice action against a firm, Beussink & Hickam, P.C., and one accountant, Scott Hickam. Ray alleged that the defendants provided him with incorrect information about his retirement benefits upon which he relied to his detriment. Two years after Ray began receiving his retirement benefits, the Anna Downstate Police Pension Fund and Board (Pension Fund or Fund) corrected...
