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| Cincinnati Ins. Co. v. DuPlessis, No. 2-05-0932,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 2, 2006, Filed
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Overview: Where the tenant allegedly negligently started a fire in the owners' premises, the tenant was not liable to the owners. The oral lease did not suggest any intent by the parties to make the tenant liable for damages. Absent express intent to make the tenant liable, it was presumed that the parties did not intend to make the tenant liable.
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| Moriarity v. Rockford Health Sys. (In re Estate of Allen), No. 2-04-1205,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 2, 2006, Filed
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Overview: In a medical battery action the grant of summary judgment in favor of defendants was reversed because defendants failed to establish that was no genuine issue of material fact as to the impossibility or impracticality of obtaining consent from someone authorized to consent to the drug screen. such as defendant's sister, on the patient's behalf.
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| Certain Underwriters at Lloyd's v. Prof'l Underwriters Agency, Inc., No. 2-05-0888,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 3, 2006, Filed
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Overview: Trial court did not err by granting partial summary judgment to insurers in a declaratory judgment action against their insureds because the duty of the insurers to act on their duty under an insurance contract to defend the insureds in an underlying action was suspended pending an action by the insurers for rescission of the parties' contract.
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| Krum v. Chi. Nat'l League Ball Club, Inc., No. 1-05-2342,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, May 3, 2006, Decided
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Overview: Dismissal of plaintiff's retaliatory discharge action was affirmed. Plaintiff worked for a baseball club under a written contract and as the Illinois Athletic Trainers Practice Act did not provide a statutory basis for a retaliatory discharge action, plaintiff had no basis for bringing such a claim when the club failed to renew his contract.
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| People v. Stone, No. 2-04-0766,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 3, 2006, Filed
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Overview: Dismissal of defendant's postconviction petition for untimeliness was reversed, and the cause was remanded as defendant's postconviction counsel failed to fulfill her obligations under Ill. Sup. Ct. R. 651(c) by filing a certificate of compliance as to defendant's constitutional rights. Upon remand, defendant's counsel was to file the certificate.
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| People v. Sven, No. 2-05-0393,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 3, 2006, Filed
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Overview: Child pornography conviction under 720 Ill. Comp. Stat. Ann. 5/11-20.1 was supported by evidence victim was fully nude, videotape contained images focusing on victim's genitalia, and the characteristics of the tape placed the viewer in the perspective of a voyeur and thus, the images became sexualized, in a way consistent with deviant behavior.
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| Univ. of Ill. v. Indus. Comm'n (Burnes), No. 1-05-2550WC,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, WORKERS' COMPENSATION COMMISSION DIVISION, May 3, 2006, Filed
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Overview: The Industrial Commission of Illinois properly awarded benefits to a claimant pursuant to the Workers' Compensation Act, 820 Ill. Comp. Stat. Ann. 305/1 et seq., as the claimant's testimony and records of her medical treatment provided sufficient circumstantial evidence that her current condition of ill-being was causally related to an accident.
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| People v. Ireland, 3-04-0422,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, May 4, 2006, Decided
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Overview: Trial court's finding that defendant violated terms of his probation was supported by manifest weight of the evidence and, thus, no error occurred in revoking it; evidence showed he pled guilty to criminal sexual assault in violation 720 Ill. Comp. Stat. Ann. 5/12-13(a)(3), received probation, and then refused to participate in treatment program.
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| Primax Recoveries, Inc. v. Atherton, NO. 5-04-0561,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, May 4, 2006, Filed
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Overview: Assignee of medical expense reimbursement rights could not recover against child's settlement of medical malpractice action. 750 Ill. Comp. Stat. Ann. 65/15 prohibited the recovery, a suit brought by the child in Missouri did not make her third-party beneficiary of the insurance policy, and settlement did not specifically include medical expenses.
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| Willett v. Cessna Aircraft Co., No. 1-04-0895 & 1-04-2678 Consolidated,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, May 4, 2006, Opinion Filed
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Overview: Trial court properly granted summary judgment to aircraft company on claimant's strict product liability and personal injury actions for his injuries and death of decedent in airplane crash; 18-year statute of repose in General Aviation Revitalization Act, 49 U.S.C.S. § 40101, applied to bar the claims of the claimant against the aircraft company.
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