OPINION PRESIDING JUSTICE HUDSON delivered the judgment of the court, with opinion. 1 Defendant, Leonardo Huerta-Perez, pleaded guilty to criminal sexual abuse (720 ILCS 5/12-15(c) (West 2004)), and he was sentenced to one year of conditional discharge. The sentencing order required defendant to come to court one year after he was sentenced. Defendant failed to appear, and the court extended the term of conditional discharge for one month. The court's order mandated that defendant...
OPINION JUSTICE ROCHFORD delivered the judgment of the court, with opinion. 1 On November 8, 2016, voters in Calumet City voted in favor of a referendum providing for a term limit for the office of mayor, applicable to mayoral candidates in the upcoming April 2017 election and subsequent elections, as a result of which plaintiff, Thaddeus Jones, a mayoral candidate, became ineligible to run for mayor and his name was removed from the ballot. On November 23, 2016, plaintiff filed a...
OPINION JUSTICE CARTER delivered the judgment of the court, with opinion. 1 Plaintiff, firefighter Jerry Sottos, filed a complaint in the trial court for administrative review of an amended decision of defendant, the Board of Trustees of the Firefighters' Pension Fund of the City of Moline (Board), 1 granting plaintiff monthly line-of-duty disability pension benefits in a certain specified amount. Upon administrative review, the trial court reversed the Board's amended decision and...
OPINION JUSTICE JORGENSEN delivered the judgment of the court, with opinion. 1 In 2010, defendant, Dr. David J. Schleicher, who was employed by defendant, SwedishAmerican Hospital (SwedishAmerican), performed a laparoscopic hysterectomy on plaintiff, Lisa Swift. Schleicher perforated plaintiff's small bowel with three through-and-through holes. He failed to diagnose the perforations until four days later. Plaintiff developed sepsis, needed bowel resection surgery, and suffered...
OPINION JUSTICE McLAREN delivered the judgment of the court, with opinion. 1 This appeal comes to us from supplementary proceedings instituted by plaintiff, Doctors Oxygen Service, Inc., doing business as Medgas Solutions (Doctors), to enforce an underlying judgment totaling $105,551.71 against defendant, Cannon Management Group, LLC (Cannon). Doctors filed a citation to discover assets and a motion for turnover. Intervenor, Friedler Construction Company (Friedler), alleged superior...
OPINION JUSTICE HUTCHINSON delivered the judgment of the court, with opinion. 1 This workplace-discrimination and wrongful-termination suit began as a matter of administrative law. When administrative procedures failed to resolve the case, the complainant filed suit in the circuit court of Lee County, which ultimately dismissed the complaint. For the reasons that follow, we reverse and remand. 2 Plaintiff, Bret Metzler, was employed by defendant, Katherine Shaw Bethea Hospital (KSB),...
OPINION JUSTICE McLAREN delivered the judgment of the court, with opinion. 1 This is the third appeal by defendant, Marissa L. Brown. In her first appeal, we vacated her convictions of three counts of felony disorderly conduct (720 ILCS 5/26-1(a)(4) (West 2010)) (making a false report to public employees) because the Winnebago County circuit court had improperly allowed the State to remove a juror with a peremptory challenge after the trial had started. We further granted her request...
OPINION JUSTICE O'BRIEN delivered the judgment of the court, with opinion. 1 After the trial court's granting of defendants' motions for summary judgment, plaintiffs appeal, arguing several points of error by the trial court, namely (1) granting defendants' motions for summary judgment; (2) the trial court's discovery rulings involving a denial of plaintiffs' motion to compel, subpoenaed cell phone records, the entry of a protective order, and the trial court's failure to apply the...
OPINION JUSTICE CHAPMAN delivered the judgment of the court, with opinion. 1 The petitioner, the American Federation of State, County, and Municipal Employees, Council 31 (AFSCME), appeals a decision of the Illinois Labor Relations Board (ILRB) dismissing its unfair labor charge against the State of Illinois Department of Central Management Services (CMS). The charge challenged a policy requiring employees to pay the entire cost of their health insurance premiums for any pay period...
OPINION Justice WRIGHT delivered the judgment of the court, with opinion. 1 On appeal, plaintiff, Quality Transportation Services, Inc. (QTS), contends that the trial court erred by granting summary judgment in favor of defendant, Mark Thompson Trucking, Inc. (MTT). QTS argues that a question of material fact exists concerning whether MTT engaged in the solicitation of one of QTS's clients in breach of the nonsolicitation covenant contained in the transportation brokerage agreement. We...
OPINION Justice HARRIS delivered the judgment of the court, with opinion. 1 Defendants, Andres Cobo and Amy Rule, appeal the order of the Cook County circuit court granting summary judgment in favor of plaintiff, First Midwest Bank, on its complaint for breach of contract and unjust enrichment. On appeal, defendants contend the court erred in (1) denying defendants' motion to dismiss pursuant to section 2-619 of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2016)),...
OPINION JUSTICE CARTER delivered the judgment of the court, with opinion. 1 Plaintiff, Judith Laurent, as the executor of the estate of her deceased husband, Thomas J. Laurent, filed suit against defendant, attorney Kay Johnson, for legal malpractice related to Johnson's handling of the estate's lawsuit for breach of contract against Thomas's health insurer for reimbursement for Thomas's medical expenses (the underlying lawsuit). During pretrial proceedings, Johnson filed a motion for...
OPINION JUSTICE McLAREN delivered the judgment of the court, with opinion. 1 Petitioner, Pamela Campbell, placed a lien for unpaid child support on property that was held in trust for the benefit of her ex-husband, Donald. After Donald's death, the subsequent beneficiary of the trust, Donald's mother, Janet Campbell, successfully moved to have the trial court release the lien. Pamela now appeals from the trial court's order granting the release of the lien. We reverse and remand for...
OPINION JUSTICE JORGENSEN delivered the judgment of the court, with opinion. 1 In 2010, defendant Dr. David J. Schleicher, who was employed by defendant Swedish American Hospital (Swedish American), performed a laparoscopic hysterectomy on plaintiff, Lisa Swift. Schleicher perforated plaintiff's small bowel with three through-and-through holes. He failed to diagnose the perforations until four days later. Plaintiff developed sepsis, needed bowel resection surgery, and suffered...
OPINION Justice BIRKETT delivered the judgment of the court, with opinion. 1 In this appeal, we address the issues arising from a change-in-use permit issued by defendant Eric Waggoner, the director of the Lake County Planning, Building and Development Department (Waggoner will hereinafter be referred to as the Director; the Lake County Planning, Building and Development Department will hereinafter be referred to as the Department; neither the Director nor the Department is a party to...
OPINION JUSTICE ROCHFORD delivered the judgment of the court, with opinion. 1 On November 8, 2016, voters in Calumet City voted in favor of a referendum providing for a term limit for the office of mayor, applicable to mayoral candidates in the upcoming April 2017 election and subsequent elections, as a result of which plaintiff, Thaddeus Jones, a mayoral candidate, became ineligible to run for mayor and his name was removed from the ballot. On November 23, 2016, plaintiff filed a...
OPINION JUSTICE PUCINSKI delivered the judgment of the court, with opinion. 1 The plaintiff, Ribhieh Hussein, appeals from the trial court's affirmance of a decision issued by the Department of Erroneous Homestead Exemption Administrative Hearings ("Department"), finding that the plaintiff was liable for back taxes, interest, and penalties totaling $58,377.54 for erroneous homestead exemptions on four properties that she owned. This amount included back taxes, interest, and penalties...
OPINION JUSTICE HYMAN delivered the judgment of the court, with opinion. 1 After discovering that his wife was having an affair with a former coworker, Luis Viramontes brutally beat her, and she later died from her injuries. At trial, Luis admitted he caused the injuries that led to his wife's death, but claimed he was seriously provoked by her infidelity and that she willingly engaged in aggression against him. A jury convicted Luis of first degree murder, and the trial court...
OPINION Presiding Justice PIERCE delivered the judgment of the court, with opinion. 1 The City of Chicago and the Village of Skokie (collectively, plaintiffs) sued the City of Kankakee and the Village of Channahon (collectively, the municipal defendants), along with MTS Consulting, LLC, Inspired Development LLC, Minority Development Company LLC, Corporate Funding Solutions, and Capital Funding Solutions (collectively, the broker defendants) to recover tax revenue that was allegedly...
OPINION JUSTICE HUTCHINSON delivered the judgment of the court, with opinion. 1 This workplace-discrimination and wrongful-termination suit began as a matter of administrative law. When administrative procedures failed to resolve the case, the complainant filed suit in the circuit court of Lee County, which ultimately dismissed the complaint. For the reasons that follow, we reverse and remand. 2 Plaintiff, Bret Metzler, was employed by defendant, Katherine Shaw Bethea Hospital (KSB),...
