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   State Courts - Illinois - January 22 - January 30, 2007

  
Pestka v. Town of Fort Sheridan Co., L.L.C., No. 1-04-2674, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, January 22, 2007, Decided , January 22, 2007, Opinion Filed
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Overview: Trial court properly dismissed amended complaint for construction negligence and loss of consortium against property owner because truck driver and spouse did not have leave to file amended complaint. Trial court also properly granted summary judgment for construction manager which was not vicariously or directly liable for truck driver's injuries.

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Adams v. Sarah Bush Lincoln Health Ctr., NO. 4-06-0284, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 23, 2007, Filed
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Overview: Judgment for the patient in a malpractice action was affirmed as the trial court did not abuse its discretion in its evidentiary rulings. The court properly determined that cross-examination of a treating physician went beyond the scope of the patient's direct examination, and permitted the patient's cross-examination of a medical expert witness.

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People ex rel. Barsanti v. Scarpelli, No. 2-05-1275, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 23, 2007, Filed
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Overview: Trial court properly granted summary judgment to the State in a quo warranto action seeking to remove a village trustee from his elected position because an impermissible conflict of interest was created by the fact that the trustee held his trustee position at the same time as a position as a park district commissioner.

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People v. Plante, No. 3-05-0075, APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, January 26, 2007, Filed
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Overview: Trial court erred in denying motion to suppress evidence where defendant did not voluntary consent but specifically asked officer if they could speak outside and evidence was insufficient to support a finding that officer believed that a currently dangerous condition existed in defendant's home and thus, to support finding of exigent circumstances.

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People v. Flores, Nos. 2-05-0778 & 2-05-0783 cons., APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 29, 2007, Filed
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Overview: Trial court erred in granting motions to quash and suppress evidence as officer had reasonable suspicion defendants were involved in car stereo thefts; among other things, officer saw stereos in back seat with wiring harnesses hanging out and without packaging, area had been site of recent stereo thefts, and screwdriver was near defendant driver.

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Porter v. Decatur Mem'l Hosp., NO. 4-06-0406, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 30, 2007, Filed
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Overview: Patient was not permitted to file second amended complaint because new allegations did not grow out of same transaction or occurrence as those alleged in the patient's timely first amended complaint; first amended complaint did not provide hospital with notice of facts underlying later claim that another doctor had improperly interpreted CT scan.

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