OPINION JUSTICE MURPHY delivered the judgment of the court, with opinion. 1 Defendant, Northeast Illinois Regional Commuter Railroad Corp., d/b/a Metra, appeals from orders of the circuit court of Cook County entering judgment on the jury's verdict in favor of plaintiff, Marjorie McDonald, individually and as the executrix of the estate of the decedent, Thomas McDonald, and denying its posttrial motion for judgment n.o.v. or a new trial. On appeal, defendant contends that it did not have...
OPINION JUSTICE STEIGMANN delivered the judgment of the court, with opinion. 1 In October 2009, plaintiff, Romeo Jackson, sued, among others, the Illinois Department of Corrections (DOC), claiming that its commissary had been overcharging him and other inmates in violation of section 3-7-2a of the Unified Code of Corrections (Unified Code) (730 ILCS 5/3-7-2a (West 2008)). 2 In May 2010, defendants, Michael P. Randle, DOC Director; Tony Small, DOC chief fiscal officer; Anthony Ramos,...
OPINION JUSTICE HOLDRIDGE delivered the judgment of the court, with opinion. 1 The claimant, Amy Shafer, filed an application for adjustment of claim under the Workers' Compensation Act (the Act) (820 ILCS 305/1 et seq. (West 2008)) seeking benefits for injuries she claimed to have sustained in two separate accidents while working as an employee of appellee and cross-appellant Bill Doran Company (employer). Following a hearing, an arbitrator issued two separate decisions under two...
OPINION Panel JUSTICE HOFFMAN delivered the judgment of the court, with opinion. 1 Williams Awning Company (Williams Awning) appeals from an order of the circuit court of Cook County which confirmed a decision of the Illinois Workers' Compensation Commission (Commission) awarding the claimant, Richard Gibson, benefits pursuant to the Workers' Compensation Act (820 ILCS 305/1 et seq. (West 2002)) and the Workers' Occupational Diseases Act (Occupational Diseases Act) (820 ILCS 310/1 et seq....
OPINION JUSTICE GARCIA delivered the judgment of the court, with opinion. 1 The defendant Southland College Prep Charter School, Inc. (Southland) submitted an application to the plaintiff the Board of Education of Rich Township High School District No. 227 (District 227) to open a charter school within its boundaries in the fall of 2010. District 227 rejected Southland's proposal in February 2010. Pursuant to the Illinois Charter Schools Law (105 ILCS 5/27A-1 et seq. (West 2008)),...
OPINION Justice CUNNINGHAM delivered the judgment of the court, with opinion. 1 Defendants-appellants, Michael and Lisa Madonia (collectively, the Madonias), are mortgagors who appeal from the circuit court of Cook County's denial of their motion to vacate and their motion for leave to file an amended motion to vacate the circuit court's order granting summary judgment in favor of Standard Bank and Trust Company (Standard Bank) in a mortgage foreclosure action. On appeal, the Madonias argue...
OPINION JUSTICE HOFFMAN delivered the judgment of the court, with opinion. 1 Williams Awning Company (Williams Awning) appeals from an order of the circuit court of Cook County which confirmed a decision of the Illinois Workers' Compensation Commission (Commission) awarding the claimant, Richard Gibson, benefits pursuant to the Workers' Compensation Act (820 ILCS 305/1 et seq. (West 2002)) and the Workers' Occupational Diseases Act (Occupational Diseases Act) (820 ILCS 310/1 et seq. (...
OPINION Justice BURKE delivered the judgment of the court, with opinion. 1 Defendant, Ronald W. Slavin, was charged with possession of less than 2.5 grams of cannabis (720 ILCS 550/4(a) (West 2010)) and possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 2010)). Defendant moved to suppress evidence that was obtained by a warrantless entry into and search of an ice fishing shanty within which he was fishing. The trial court denied the motion to suppress. Following a bench trial,...
OPINION JUSTICE McLAREN delivered the judgment of the court, with opinion. 1 Plaintiffs, James and Barbara Johannesen, appeal from the trial court's dismissal of their first amended complaint. We reverse and remand. 2 I. BACKGROUND 3 On February 18, 2010, plaintiffs filed their initial complaint, which they subsequently amended. Their first amended complaint alleged that on February 27, 2006, plaintiffs purchased the property located at 222 E. Fourth Street in Hinsdale. Defendant,...
OPINION Presiding Justice QUINN delivered the judgment of the court, with opinion. 1 Respondent S.L. appeals a trial court order granting petitioner D.T. sole custody of the parties' two minor children. We affirm. 1 2 The parties were married on May 18, 2002, in Cook County, Illinois. The parties had two children: Z.B.D. born on February 4, 2002, and Z.M.A. born on May 29, 2007. D.T. filed a praecipe for summons in suit for a dissolution of marriage on November 26, 2007. He also filed...
OPINION Presiding Justice R. GORDON delivered the judgment of the court, with opinion. 1 Following a jury trial, plaintiffs were awarded damages totaling $39,100 in a personal injury action against defendant, with $30,100 awarded to Marie and $9,000 to Joseph. The trial court entered judgment on the verdict plus costs on September 12, 2006. Plaintiffs appealed the denial of their motion for a judgment notwithstanding the verdict or, in the alternative, a new trial. This court affirmed the...
OPINION Presiding Justice R. GORDON delivered the judgment of the court, with opinion. 1 On April 30, 2010, plaintiff Jane Doe, an 18-year-old freshman at the University of Chicago (the University), was allegedly sexually assaulted by Eric M., another student at the University. Plaintiff attended a party at the University's chapter of defendant fraternity Psi Upsilon International, 1 where she became heavily intoxicated, allegedly leaving her vulnerable to Eric M.'s attack later that night...
OPINION Presiding Justice R. GORDON delivered the judgment of the court, with opinion. 1 On May 28, 2001, Margaret Petraski (Margaret) and Officer Deborah Thedos, of the Cook County Sheriff's Police Department, 1 were involved in a motor vehicle accident at the intersection of the Midlothian Turnpike and Central Avenue in unincorporated Cook County. Officer Thedos admitted that she drove through a red light with her Mars lights activated. She had also activated her siren as she approached...
OPINION Justice HARRIS delivered the judgment of the court, with opinion. 1 Here we are called upon to determine whether the circuit court properly granted summary judgment in favor of defendant Mary Kelly, as administrator of the estate of Carole H. Bowen, deceased (Kelly). During the proceedings before the circuit court, Kelly was appointed personal representative of Carole H. Bowen (decedent), who passed away from unrelated health conditions during proceedings before the circuit court....
OPINION PRESIDING JUSTICE EPSTEIN delivered the judgment of the court, with opinion. 1 Universal Underwriters Insurance Company (Universal) brought an action for declaratory judgment against its insured, LKQ Corporation and its subsidiary LKQ Smart Parts, Inc. (collectively LKQ), and an alleged additional insured, Illinois Farmers Insurance Company (Farmers), seeking a declaration that its liability insurance policy did not cover a spoliation of evidence claim brought against Farmers and...
OPINION Justice CUNNINGHAM delivered the judgment of the court, with opinion. 1 This appeal arises from a July 28, 2010 order entered by the circuit court of Cook County, which granted defendant-appellee Inland Bank's motion to dismiss a class action complaint on all counts with prejudice. On appeal, the appellants, Hubbard Street Lofts LLC and Andrew Ruttenberg, argue that: (1) the trial court erred in dismissing the counts for breach of contract, violation of the Illinois Interest Act (...
OPINION Presiding Justice R. GORDON delivered the judgment of the court, with opinion: 1 These consolidated appeals arise from a dispute concerning the effect of a settlement reached in an earlier lawsuit between the same parties involved in the instant appeals. The parties were business associates whose companies were members of Chicago Trading & Arbitrage, L.L.C. (CTA 1 ), an Illinois limited liability company. In 1998, plaintiff Lewis Borsellino's company filed a derivative suit on...
OPINION Justice ROCHFORD delivered the judgment of the court, with opinion. 1 Defendants, NIP Group, Inc. (NIP), and Lawrence Brodsky, have each appealed following an order entering summary judgment in favor of plaintiff, Landmark American Insurance Company (Landmark), in this action for declaratory judgment. Landmark's suit sought a declaration that it had no obligation to defend or indemnify NIP in an underlying class action lawsuit filed by Mr. Brodsky to recover for NIP's alleged...
OPINION JUSTICE KARNEZIS delivered the judgment of the court, with opinion. 1 Plaintiff Illinois Tool Works filed an action against defendants Commerce and Industry Insurance Company (C&I) and United States Fire Insurance Company (USF) seeking a declaration that defendants had a duty to defend plaintiff in an underlying lawsuit and to reimburse plaintiff for its defense costs in that suit. The court granted judgment on the pleadings to defendants. Plaintiff argues on appeal the court erred...
OPINION JUSTICE MURPHY delivered the judgment of the court, with opinion. 1 This appeal relates to indirect criminal contempt proceedings against respondents, Calvin Hollins, Jr., and Dwain J. Kyles, for the failure to comply with a July 19, 2002, "mandatory order" in the underlying suit alleging building code violations at 2347 South Michigan Avenue, Chicago, Illinois. In particular, petitioner City of Chicago (City) alleged the second floor of the building that housed the "E2" nightclub...
