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| Felzak v. Hruby, Docket No. 103755.,
SUPREME COURT OF ILLINOIS, September 20, 2007, Opinion Filed
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Overview: Appellate and circuit courts judgments were vacated, and the case was remanded to the circuit court with instructions to dismiss a grandmother's complaint against the parents to enforce an agreed visitation order with a granddaughter and her pleadings regarding contempt because the matters were rendered moot by the granddaughter becoming an adult.
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| Frigo v. Silver Cross Hosp. & Med. Ctr., No. 1-05-1240,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, September 20, 2007, Decided
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Overview: A hospital's regulations and bylaws were not within the purview of the Medical Studies Act, 735 Ill. Comp. Stat. Ann. 5/8-2101, 8-2102, privilege, and the trial court did not err when it denied the hospital's JNOV motion. Sufficient evidence supported a negligent credentialing claim, based on granting a physician surgical privileges.
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| Iseberg v. Gross, Docket No. 103332.,
SUPREME COURT OF ILLINOIS, September 20, 2007, Opinion Filed
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Overview: Appellate court did not err in affirming dismissal of claimant's negligence claim, which alleged two business partners knew of threats former mutual business partner made against claimant, but did not warn him; "special relationship" did not exist between two business partners and claimant, and, thus, they did not have affirmative duty to warn him.
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| Long v. Elborno, No. 1-05-3953,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, September 20, 2007, Decided
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Overview: Trial court properly granted hospital's motion to dismiss the patient's medical malpractice action filed against it; evidence showed that she failed to exercise reasonable diligence in serving the hospital with her summons and complaint, and, therefore, dismissal of her medical malpractice action pursuant to Ill. Sup. Ct. 103(b) was warranted.
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| Mydlach v. DaimlerChrysler Corp., Docket No. 102588.,
SUPREME COURT OF ILLINOIS, September 20, 2007, Opinion Filed
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Overview: Used car buyer's breach of written warranty claim against a car manufacturer under 15 U.S.C.S. § 2310 was not time-barred because the limitations period under 810 Ill. Comp. Stat. Ann. 5/2-725 began to run from when repairs to the car were not made instead of from when the buyer bought the car.
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| People v. LaPointe, Docket No. 103095.,
SUPREME COURT OF ILLINOIS, September 20, 2007, Opinion Filed
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Overview: Appellate court's judgment affirming trial court's ruling denying petitioner leave to file second postconviction petition in murder case where he received natural life sentence was affirmed; petition could not be filed until trial court expressly granted leave to file it, under 725 Ill. Comp. Stat. Ann. 5/122-1(f), and trial court did not do so.
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| People v. McKown, Docket No. 102372.,
SUPREME COURT OF ILLINOIS, September 20, 2007, Opinion Filed
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Overview: Based on disparate opinions, in cases and technical writings, as to horizontal gaze nystagmus (HGN) test, judicial notice of test should not have been taken and a Frye hearing should have been held. Error was not harmless as no other evidence of defendant's impaired state was offered, making it likely trial court relied heavily on HGN test results.
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| Resurgence Fin., LLC v. Kelly, No. 2-06-1120,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 20, 2007, Filed
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Overview: Appellate court did not have jurisdiction to consider alleged debtor's appeal following assignee's motion for voluntary dismissal of case against alleged debtor pursuant to 735 Ill. Comp. Stat. 5/2-1009(a) because there was no basis to address merits of other nonfinal orders entered by a trial court before granting a voluntary dismissal.
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| Rich v. Principal Life Ins. Co., Docket No. 103754.,
SUPREME COURT OF ILLINOIS, September 20, 2007, Opinion Filed
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Overview: The dismissal of an insured's complaint via summary judgment, asserting breach of a disability insurance contract, was upheld as the policy language was unambiguous in limiting lifetime benefit coverage to an accidental bodily injury and the fact that the insured incurred an infection following the accident did not extend the coverage.
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| State Farm Mut. Auto. Ins. Co. v. Ill. Farmers Ins. Co., Docket No. 103816.,
SUPREME COURT OF ILLINOIS, September 20, 2007, Opinion Filed
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Overview: The step-down provisions contained in an insurer's automobile liability policies, which reduced the policy limits to the minimum liability limits under 625 Ill. Comp. Stat. Ann. 5/7-203 and 625 Ill. Comp. Stat. Ann. 5/7-317(b), when the insured's vehicle was being operated by a non-family or unlisted permissive user were upheld as enforceable.
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