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| Barth v. State Farm Fire & Cas. Co., NO. 4-06-0208,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, February 20, 2007, Filed
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Overview: Verdict in favor of insurer under "concealment and fraud" provision of insurance policy was affirmed; jury was properly instructed on misrepresentation, fact that trial judge held policy from same insurer did not require recusal, and jury's finding that insured concealed his true financial situation was not against manifest weight of evidence.
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| Goldberg v. Rush Univ. Med. Ctr., No. 1-06-1005,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, February 20, 2007, Filed
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Overview: Dismissal of doctor's contract related claims was proper under the doctrine of nonreview; the claims against a private hospital and others were based, inter alia, on decisions regarding emergency room staffing and teaching assignments, and under the judicially created doctrine, those issues were not subject to judicial review.
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| People v. Mendez, No. 2-06-0204,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 20, 2007, Filed
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Overview: Police effected proper investigatory stop where officer heard gunshots 300 to 400 yards to west; on heading west, officer traveled less than six seconds and 100 yards when he observed defendant's vehicle driving from west; it was 3 a.m.; there were no other vehicles on the road; and the driver exhibited a look of shock when he saw the officer.
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| People v. Mrugalla, NO. 4-06-0555,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, February 20, 2007, Filed
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Overview: Appellant, who had been discharged from probation following a drug conviction, lacked standing to file a petition for postconviction relief because appellant did not fit within the definition of "imprisoned in the penitentiary." Any effect the Illinois criminal conviction may have had on appellant's immigration status was a collateral effect.
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| People v. Todd K. (In re Todd K.), NO. 4-06-0525,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, February 20, 2007, Filed
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Overview: Although guardian was not formally notified of involuntary admission hearing, no error was found as guardian was aware of proceeding, was contacted for treatment plan, and had chance to assist respondent. Evidence respondent was not taking medication, had history of violence toward others, and had recently been acting aggressively supported order.
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| Phillips v. Dodds, NO. 4-06-0561,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, February 20, 2007, Filed
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Overview: Questions of fact existed as to whether aunt stood in loco parentis to her niece, which precluded summary judgment in aunt's action to recover medical expenses from alleged tortfeasor under 750 Ill. Comp. Stat. Ann. 65/15(a)(1). If the aunt stood in loco parentis, she was liable for the expenses and could seek recovery from the alleged tortfeasor.
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| Albukerk v. Horwitz (In re Estate of Horwitz), No. 1-06-0346,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, February 21, 2007, Decided
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Overview: Order denying an attorney's claim for attorney fees under quantum meruit was reversed, and the case was remanded to determine the reasonableness of those fees because the attorney was effectively discharged from a medical malpractice action upon the decedent's death and his entitlement to quantum meruit for his services vested at that time.
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| In re Marriage of Paclik, NO. 5-06-0416,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, February 21, 2007, Filed
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Overview: While entry of emergency order of protection was a substantial ruling, judge violated 735 Ill. Comp. Stat. Ann. 5/2-1001(a)(2) when he denied a motion to substitute judge filed by wife who had not yet appeared in order-of-protection case; the denial was also an abuse of discretion in light of Ill. Sup. Ct. R. 903 and 20th Jud. Cir. Ct. R. 8.05(b).
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| St. Elizabeth's Hosp. v. Workers' Comp. Comm'n (Nichols), NO. 5-06-0081WC,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, WORKERS COMPENSATION COMMISSION DIVISION, February 21, 2007, Filed
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Overview: Trial court properly confirmed an award of workers' compensation benefits to a patient care assistant pursuant to 820 Ill. Comp. Stat. Ann. 305/1 et seq. (2000), because a finding that the assistant's back injury was causally related to his employment at a hospital was supported by a doctor's testimony.
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