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| Metro. Condo. Ass'n v. Crescent Heights, No. 1-06-0340,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, November 22, 2006, Decided
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Overview: It was error for the trial court to grant summary judgment to the condominium developer and to deny summary judgment to the unit-owner condominium association because there was evidence that the developer did not provide the association with a detailed accounting as required by 765 Ill. Comp. Stat. 605/18.2(d)(2) (2004).
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| Mikolajczyk v. Ford Motor Co., No. 1-05-3133,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, November 22, 2006, Decided
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Overview: In a products liability case, the court reversed a $ 25 million award for loss of society because such award was arbitrary, excessive, and shocked the judicial conscience; because there were no other trial errors and entitlement to an award had been demonstrated, remittitur, as opposed to a new trial, was appropriate.
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| People ex rel. City of Chicago v. Hollins, Nos. 1-05-0655 and 1-05-0656 (Consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, November 22, 2006, Decided
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Overview: Court rejected defendants' assertion that retrial on charges of building code violations was barred by double jeopardy under Ill. Const. art. I, § 10, based on claim that City had caused mistrial because mistrial was not guarantee and record did not support the claim that the City's comments were made with intention of securing mistrial.
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| People v. Robinson, No. 1-05-0681,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, November 22, 2006, Decided
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Overview: Although trial court properly denied defendant's motion to suppress evidence obtained prior to his arrest in a DUI prosecution, defendant's conviction was vacated and a new trial ordered because the trial court improperly admitted evidence of two prior DUIs in violation of 725 Ill. Comp. Stat. 5/111-3(c).
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| People v. Watkins, No. 1-04-2084,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, November 22, 2006, Decided
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Overview: Defendant's aggravated battery conviction was affirmed. Defendant waived right to challenge admission, under 725 Ill. Comp. Stat. 5/115-10.1, of two reluctant witnesses' prior inconsistent statements. She had a meaningful opportunity to cross-examine witnesses. Statements' admission was harmless given other evidence establishing defendant's guilt.
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| Arnold v. Mt. Carmel Pub. Util., NO. 5-06-0012,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, November 27, 2006, Decision Filed
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Overview: Trial court did not err in entering judgment on workers' compensation award for claimant; order of the workers' compensation commission was not void because it had been signed by the chairman of that commission, as the relevant statute, 820 Ill. Comp. Stat. Ann. 305/13, did not prohibit the chairman from participating in making such decisions.
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| Flynn v. Henkel, No. 2-06-0573,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 27, 2006, Filed
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Overview: Paternal grandmother's petition for visitation under 750 Ill. Comp. Stat. Ann. 5/607(a-5) was properly granted as the trial court's determination that the unmarried mother unreasonably denied visitation to the grandmother was not against the manifest weight of the evidence, and the trial court did not abuse its discretion in granting visitation.
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| MD Elec. Contrs., Inc. v. Abrams, No. 2-06-0135,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 27, 2006, Filed
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Overview: Dismissal of subcontractor's quantum meruit suit against homeowners, which was based on alleged violations of Home Repair and Remodeling Act, 815 Ill. Comp. Stat. Ann. 513/1 et seq. (2004), was reversed; the Act applied to general home improvement contractors, but its provisions were not applicable to subcontractors on a project.
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