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...
OPINION JUSTICE HOLDRIDGE delivered the judgment of the court, with opinion. 1 The plaintiff, John Colt Landreth sued the defendant, the law firm of Pool, Leigh, and Fabricius (PLF), for professional negligence, fraud, and other claims arising out of PLF's alleged legal representation of Landreth. Landreth later added a claim for derivative liability against Raymond P. Fabricius, P.C. (Fabricius), alleging that, as a former partner of PLF, Fabricius was jointly and severally liable for...
OPINION JUSTICE CONNORS delivered the judgment of the court, with opinion. 1 Plaintiff, Barry Mnookin, independent executor of the Estate of Millicent E. Mnookin, deceased, filed a medical malpractice and wrongful death action against Northwest Community Hospital (NCH) and other defendants. Plaintiff alleged that after decedent underwent surgery at NCH, she went into cardiac arrest and subsequently passed away. During discovery, plaintiff served written interrogatories and a request...
OPINION JUSTICE BURKE delivered the judgment of the court, with opinion. 1 Following a bench trial, the circuit court entered judgment in favor of defendant Quarles & Brady in this legal malpractice claim. The claim was predicated on Quarles & Brady's representation of plaintiff Kenneth Nelson in the federal district court in his suit against his former business partner in two automobile dealerships (the "Underlying Litigation"). The district court ruled against Nelson, but that...
OPINION JUSTICE CAVANAGH delivered the judgment of the court, with opinion. 1 Plaintiff, Gerald R. Ward, appeals from a summary judgment in favor of defendant, Decatur Memorial Hospital, on the ground of res judicata. In our de novo review (see Illinois Department of Financial & Professional Regulation v. Rodriguez, 2012 IL 113706, 10, 368 Ill.Dec. 181 , 983 N.E.2d 985 ), we find an element of res judicata to be missing: a final adjudication on the merits. Therefore, we...
OPINION JUSTICE HOLDRIDGE delivered the judgment of the court, with opinion. 1 The defendant, Robert Pritchett, appeals from the circuit court's order granting declaratory judgment for the plaintiff, Cincinnati Insurance Company (Cincinnati), and argues that the court's decision was against the manifest weight of the evidence. 2 FACTS 3 In October 2007, Pritchett was driving a semitruck owned by his employer, Carl A. Anderson & Sons, Inc., when Pritchett lost control of the truck,...
OPINION JUSTICE O'BRIEN delivered the judgment of the court, with opinion. 1 Petitioner Fanny Lewin, n/k/a Levitt, filed a motion to enforce or clarify the marital settlement agreement she entered with respondent Pierre Lewin, which was incorporated in the judgment of dissolution of their marriage. Pierre moved to dismiss, which the trial court granted. Fanny appealed. We affirm. 2 FACTS 3 Petitioner Fanny Lewin, n/k/a Levitt, and respondent Pierre Lewin were married in July 1997...
OPINION JUSTICE GRIFFIN delivered the judgment of the court, with opinion. 1 The trial court found that third-party defendant Reflection Window Company LLC (Reflection Window) as an employer waived its affirmative defense to limit its liability for an injury sustained by its employee. The trial court also found that Reflection Window waived its statutory workers' compensation lien. We hold that Reflection Window waived its limited liability status but not its lien rights. Accordingly,...
OPINION PRESIDING JUSTICE BURKE delivered the judgment of the court, with opinion. 1 Plaintiff Terri Daley, as independent administrator of the estate of Rosalie Galmore Jones, deceased, sued defendants Kevin Teruel, RN; Victoria Hall, RN; and Ingalls Memorial Hospital (Ingalls) (collectively, defendants) for medical malpractice. During discovery, in response to one of plaintiff's written interrogatories and a request to produce, Ingalls claimed a privilege on certain documents based...
OPINION PRESIDING JUSTICE PIERCE delivered the judgment of the court, with opinion. 1 Defendant Roger Agpawa was elected mayor of the City of Markham at the April 4, 2017, consolidated election. Plaintiff Kimberly Foxx, in her capacity as State's Attorney of Cook County, filed a complaint for quo warranto, declaratory judgment, and a permanent injunction, alleging that defendant was ineligible to serve as mayor or to take the oath of office due to his 1999 federal felony conviction...
OPINION JUSTICE HALL delivered the judgment of the court, with opinion. 1 The plaintiff, Maurice H. Grimes, on behalf of himself and all persons similarly situated, brought a class action suit against the defendant, Sage Telecom Communications, LLC, seeking damages for breach of contract between the defendant and the plaintiff and other consumers. The plaintiff had not yet filed a motion to certify the class when the defendant made a tender of relief to him. The circuit court granted...
OPINION PRESIDING JUSTICE COBBS delivered the judgment of the court, with opinion. 1 Plaintiff, the Illinois Insurance Guaranty Fund (IIGF), brought a declaratory judgment action in the circuit court of Cook County against defendants, which included the Chicago Carriage Cab Corporation, d/b/a Chicago Taxi Association, Inc. (Chicago Cab). IIGF sought a determination of Chicago Cab's insurance coverage in an underlying lawsuit. Finding that Chicago Cab was not covered, the trial court...
