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| Founders Ins. Co. v. Am. Country Ins. Co., No. 1-05-1869,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, May 8, 2006, Opinion filed
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Overview: Summary judgment grant to uninsured motorist carrier and denial of taxi company insurer's summary judgment cross-motion on responsibility to pay judgment obtained against taxi company was error; financial responsibility laws applicable to Illinois taxi companies did not prevent taxi company insurer from denying claim under the circumstances.
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| Hoskin v. Union Pac. R.R. , NO. 5-04-0670,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, May 8, 2006, Filed
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Overview: Denial of forum non conveniens transfer was affirmed. Railroad failed to establish that forum it wanted would be of greater convenience to the parties or that it would provide better access to witnesses and documentary evidence, and while public-interest factors somewhat supported transfer, it was not enough to overcome employee's choice of forum.
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| McElmeel v. Safeco Ins. Co. of Am., No. 1-04-1857,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, May 8, 2006, Decided
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Overview: Although ambiguity in auto policy's declarations page carried over to antistacking clauses that incorporated the page, making stacking otherwise available to insureds, language in an "Other Insurance" clause was valid under 215 Ill. Comp. Stat. Ann. 5/143a-2(5), overcame ambiguity, and clearly prohibited stacking of uninsured motorist coverages.
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| Recio v. GR-MHA Corp., No. 1-05-1203,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, May 8, 2006, Decided , May 8, 2006, Opinion Filed
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Overview: Contractor did not retain enough control over project on which decedent was working for a subcontractor to subject itself to vicarious liability, did not undertake to supervise employees of the subcontractor, and had no knowledge that decedent would carry bundle of shingles up ladder; thus, contractor could not be held liable for decedent's death.
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| People v. Cunningham, NO. 5-04-0320,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, May 9, 2006, Filed
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Overview: As the person killed during the commission of a home invasion was one of the perpetrators, he was not a "victim" under 730 Ill. Comp. Stat. Ann. 5/3-1-2(n), and therefore, application of 730 Ill. Comp. Stat. Ann. 5/3-6-3(a)(2)(iii) to defendant's sentence was improper.
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| People v. Montano, No. 2-04-0103,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 9, 2006, Filed
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Overview: Defendant never raised issue regarding failure to notify him of his right to foreign consular notification during pretrial proceedings, during the trial, in any posttrial motion, or on direct appeal, and, thus, the issue was waived; even if defendant had such an individually enforceable right, the violation of it did not warrant a new trial.
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| People v. Salinas, No. 2-04-0660,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 9, 2006, Filed
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Overview: Trial court erred in entering a judgment of conviction finding defendant guilty of concealment of a homicidal death in violation of 720 Ill. Comp. Stat. Ann. 5/9-3.1 as to the first victim; defendant was not convicted beyond a reasonable doubt on that count because the evidence did not show that the first victim was dead when concealment occurred.
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| Commerce Trust Co. v. Air 1st Aviation Cos., No. 1-05-2761,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, May 10, 2006, Decided
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Overview: Illinois court had jurisdiction over South Carolina based firm under 735 Ill. Comp. Stat. Ann. 5/2-209(c) where its contract negotiations and continuing obligations to Illinois buyer of airplane established requisite minimum contacts, wrongful death action arose out of plane's sale, and it was reasonable to require firm to litigate in Illinois.
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| People v. Pankhurst, No. 2-05-0823,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 10, 2006, Filed
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Overview: The principal and the dean of students were not agents of the police when the questioned defendant, a student, in the office of the dean of students and therefore, were not required to advise defendant of his Miranda rights; thus, the trial court erred in granting defendant's motion to suppress defendant's incriminating statements.
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