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| Gilley v. Kiddel, No. 2-06-0505,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 21, 2007, Filed
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Overview: Involuntary dismissal of invitee's negligence action against a landlord was affirmed; as invitee's injury was allegedly caused by a condition within the leased premises, and lease expressly provided that tenant was responsible for maintaining leased premises, the landlord was immune from liability.
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| Harroun v. Addison Police Pension Bd., No. 2-06-0431,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 21, 2007, Filed
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Overview: Disabled police officer was entitled to line-of-duty disability pension even though he was not "on-duty" when he was injured apprehending an offender; 40 Ill. Comp. Stat. Ann. 5/3-114.1(a) did not require that the officer be on-duty so long as his injuries were the result of an "act of duty" as defined by 40 Ill. Comp. Stat. Ann. 5/5-113.
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| Hermesdorf v. Wu, No. 2-05-0877,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 21, 2007, Filed
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Overview: In an administrative review proceeding, in light of a paramedic's otherwise unblemished employment record and the medical evidence presented, it was unreasonable for an administrative board to discharge him for cause without having made a specific finding as to whether his psychiatric conditions were substantially related to his misconduct.
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| Mermelstein v. Menora, No. 1-06-1607,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 21, 2007, Decided
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Overview: The trial court did not err in granting the limited partner's motion to exclude evidence of an overpayment to the limited partner because the general partner did not plead this theory as a counterclaim nor seek leave to file it during the more than eight years the case was open.
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| Oliveira-Brooks v. Re/Max Int'l, Inc., No. 1-05-3967,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 21, 2007, Decided , March 21, 2007, Filed
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Overview: Disabled person's guardian could not impute an associate's liability for alleged negligent driving to a corporation based on actual agency because the corporation and a real estate business did not have a franchisor/franchisee contractual relationship, and corporation had no right to control manner and method of work of business's sales associates.
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| People v. $ 9,290 in United States Currency, No. 2-06-0457,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 21, 2007, Filed
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Overview: It was unnecessary for claimant to attach an affidavit to her motion to dismiss the State's forfeiture complaint, where the State's allegations that claimant had access to a safe deposit box and apparently placed some property in it were sufficient to establish that the State knew claimant had a protectable interest in the box's contents.
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| People v. Harrison, 1-07-0372,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 21, 2007, Decided , March 21, 2007, Filed
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Overview: Because an order denying defendant's pro se 725 Ill. Comp. Stat. 5/114-5 (2004) motion for substitution of judge was neither final nor appealable until the imposition of sentence, and because Ill. Sup. Ct. R. 604 did not provide a basis for the appeal until defendant was sentenced, the appeal was dismissed for lack of jurisdiction.
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