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| Kirschbaum v. Vill. of Homer Glen, No. 3-04-0794,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, May 11, 2006, Filed
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Overview: Dismissal of driver's complaint against government representatives for injuries she sustained when her vehicle struck another vehicle in an intersection controlled by two stop signs; 745 Ill. Comp. Stat. Ann. 10/3-102(a) did not create a duty upon them to clear brush from intersection controlled by clearly visible traffic devices at each corner.
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| People v. Danenberger, No. 2-05-0425,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 11, 2006, Filed
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Overview: 730 Ill. Comp. Stat. Ann. 5/5-5-6 restitution order was vacated; police department was not a "victim" as it suffered only pecuniary losses in investigating defendant's false sexual assault claim. Order was also improper probation condition as it was not rehabilitative or reasonably related to crime as required by 730 Ill. Comp. Stat. Ann. 5/5-5-3.
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| Ibata v. Bd. of Educ. , NO. 5-05-0092,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, May 12, 2006, Opinion Filed
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Overview: Trial court erred in dismissing the father's claim regarding his request for his daughter's school records on ground he had not exhausted his remedies under federal law concerning disabled children; father's claim was brought pursuant to Illinois School Student Records Act, 105 Ill. Comp. Stat. Ann. 10/1 et seq., which had no such requirement.
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| L.J. Dodd Constr., Inc. v. Federated Mut. Ins. Co., No. 2-05-0934,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 12, 2006, Filed
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Overview: Because an insurance policy did not provide coverage for an insured's sole negligence, and because there were no "true but unpleaded facts" showing that someone or something other than the insured's negligence was responsible for a worker's injuries, a second insurer was entitled to summary judgment because it had no duty to defend the insured.
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| People v. Beard, No. 1-04-2157,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, May 12, 2006, Decided
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Overview: Ruling that defendant had to register as sex offender under Sex Offender Registration Act, 730 Ill. Comp. Stat. Ann. 150/1 et seq., and Sex Offender and Child Murderer Community Notification Law, 730 Ill. Comp. Stat. Ann. 152/101 et seq., for aggravated kidnapping for ransom convictions was upheld, as his constitutional rights were not violated.
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| People v. Harrison, No. 1-04-1266,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, May 12, 2006, Decided
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Overview: Defendant's contentions on appeal were moot and appellate court lacked jurisdiction over cause as defendant was found not guilty by reason of insanity and thus, was effectively acquitted. Even if court had jurisdiction result would have been same as, inter alia, counsel could not be ineffective for failing to move to suppress voluntary confession.
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| Piagentini v. Ford Motor Co., No. 1-04-3800,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, May 12, 2006, Decided
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Overview: Suit was improperly dismissed on ground that it was barred by res judicata because doctrine did not apply, in that plaintiffs never tried to appeal or in any way litigate that part of their complaint that had earlier been dismissed; rather, they simply voluntarily dismissed remaining claims and later timely re-filed complaint alleging those claims.
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| State Bank v. Lower (In re Estate of Lower), No. 2-05-0927,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 12, 2006, Filed
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Overview: Evidence was overwhelming that a decedent had been 100 % disabled during the last three years of his life and that while his widow, who had suffered a stroke, could not physically care for the decedent, she had dedicated her life to overseeing his care. Thus, custodial award in favor of the widow under 755 Ill. Comp. Stat. Ann. 5/18-1.1 was proper.
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| Hooper v. County of Cook , No. 1-03-1842,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, May 15, 2006, Decided , May 15, 2006, Opinion Filed
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Overview: Trial court erred in refusing to submit to the jury the special interrogatory that the county and doctor tendered about whether the suicide of a hospital patient, the decedent, was foreseeable; 735 Ill. Comp. Stat. Ann. 5/2-1108 authorized the giving of special interrogatories and whether suicide was foreseeable was a material issue of fact.
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| People v. Stewart, No. 1-04-1885,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, May 15, 2006, Decided
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Overview: Because counsel's stipulation to a forensic chemist's findings was not tantamount to a guilty plea, and because defense counsel was not ineffective for declining to file a futile motion, defendant's rights to confrontation and counsel under U.S. Const. amends. VI, XIV, Ill. Const. art. I, § 8 were not violated.
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