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| In re Marriage of Charous, No. 2-06-0084,
APPELLATE COURT OF ILLINOIS SECOND DISTRICT, September 13, 2006, Filed
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Overview: The trial court's decision to deny an ex-husband's petition alleging visitation abuse under 750 Ill. Comp. Stat. Ann. 5/607.1 was against the manifest weight of the evidence. The ex-husband proved by a preponderance of the evidence that the ex-wife had committed numerous violations of the provisions of the parties' parenting agreement.
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| Moody v. Fed. Express Corp., NO. 5-05-0519,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, September 13, 2006, Order Filed
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Overview: Customer's breach of contract claim against shipper was properly dismissed under 735 Ill. Comp. Stat. Ann. 5/2-619 because contract expressly limited shipper's liability for delayed shipment to actual damages to item shipped resulting from delay or, alternatively, full refund of shipping charges; partial refund requested was not available remedy.
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| Follis v. Watkins, NO. 4-05-0963,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, September 14, 2006, Filed
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Overview: In negligence action, summary judgment was improper where evidence raised question of fact as to whether dentist's treatment of patient fell within continuing-course-of-negligent-treatment exception to statute of repose, i.e., whether treatments were part of continuous and unbroken course and were so related as to constitute one continuing wrong.
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| Lowenthal v. McDonald, No. 2-05-0161,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, September 14, 2006, Filed
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Overview: Accident victim's appeal was dismissed for lack of jurisdiction under 735 Ill. Comp. Stat. Ann. 5/2-1202(c) as she failed to timely file a motion to extend the time for filing a posttrial motion. Further, the parties' agreement to extend the time for filing the posttrial motion did not allow the trial court to retain jurisdiction over the case.
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| People v. Dennis E.D. (In re Ryan B.), No. 3-05-0582,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, September 14, 2006, Filed
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Overview: Trial court erroneously found that father was unwilling under 705 Ill. Comp. Stat. Ann. 405/2-27(l) (2004) to care for child. Appellate court rejected conclusion that father's failure to interfere with mother's custodial rights or to exercise unscheduled visitation pending wardship proceedings was sufficient proof of unwillingness.
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| Bowlin v. Murphysboro Firefighters Pension Bd. of Trs., NO. 5-05-0134,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, September 15, 2006, Filed
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Overview: Denial of a firefighter's application for duty-disability benefits under 40 Ill. Comp. Stat. Ann. 5/4-112 was reversed as it was clearly evident from the totality of the evidence that he was disabled from returning to his duties. Thus, an administrative decision to deny the firefighter's application was against the manifest weight of the evidence.
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| Kajima Constr. Servs. v. St. Paul Fire Ins. Co., No. 1-05-1248,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, September 15, 2006, Decided , September 15, 2006, Opinion Filed
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Overview: Trial court's grant of summary judgment to a subcontractor's insurer was affirmed as the selective tender rule did not entitle an insured contractor to vertically exhaust consecutive insurance policies. Further, the primary insurers that were not selected by the contractor had to answer for a loss before any excess insurance policy was activated.
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| People v. Naylor, No. 1-04-3731,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 18, 2006, Decided
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Overview: Defendant's prior conviction was admissible as it was within 10 years of his new crime, but his crimes were not distinguished, so possessing a controlled substance with intent to deliver was a lesser included crime of delivering a controlled substance. 725 Ill. Comp. Stat. 5/110-14 (2002) allowed a credit against a controlled substance assessment.
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