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APPELLATE CASE SUMMARIES

Wainwright v. Truckenmiller, 96 Ill.App.3d 1127, 421 N.E.2d 1026, 52 Ill.Dec.163 (2nd Dist. 1981).
Appellate Court held that material issue of fact existed which precluded the granting of defendant's motion for summary judgement in a personal injury action.

Fournier v. 3113 West Jefferson Partnership, 100 Ill.App.3d 820, 427 N.E.2d 408, 56 Ill.Dec. 328 (2nd Dist. 1981).
Appellate Court affirmed summary judgements and judgement of dismissal entered in favor of defendants holding that independent contractors had no duty to plaintiff and the statute of limitations had passed with regards to naming the property owner as a defendent.

Rowe v. State Bank of Lombard, 125 Ill.2d 203, 531 N.E.2d 1358, 126 Ill.Dec. 519(1988).
Illinois Supreme Court held that material issue of fact existed with regards to issue of premises liability that precluded the granting of a motion for summary judgement in favor of owner and operator.

Hamilton v. Williams, 237 Ill.App.3d 765, 604 N.E.2d 470, 178 Ill.Dec. 214 (2nd Dist. 1992)
Appellate Court held that prior Appellate Court's decision on appellate jurisdiction rendered it the law of the case, and order vacating original arbitration agreement was not final.

Rowe v. State Bank of Lombard, 125 Ill.App.3d 686, 617 N.E.2d 520, 187 Ill.Dec. 312(2nd Dist. 1993)
Appellate Court held that an owner's duty in a premises liability claim did not depend on awareness of risk of unauthorized entries; rather, owner had duty to take reasonable precautions to prevent unauthorized entries.

Bercaw v. Domino's Pizza, Inc., 258 Ill.App.3d 211, 630 N.E.2d 166, 196 Ill.Dec. 469 (2nd Dist. 1994)
Appellate Court affirmed dismissal of a wrongful death suit holding that the claim was barred by the exclusive remedy provision of the Worker's Compensation Act.

Village of Lake Barrington v. Hogan, 272 Ill.App.3d 225, 649 N.E.2d 1366, 208 Ill.Dec.705 (2nd Dist. 1995)
Appellate Court held that qualified immunity applied to village president, but not to village attorney, defendants could maintain their 1983 counterclaim, First Amendment right to petition granted them conditional privilege, but failed to support an equal protection claim, and village's notice complied with statutory provision.

Kubian v. Alexian Brothers Medical Center, 272 Ill.App.3d 246, 651 N.E.2d 231, 209 Ill.Dec. 303(2nd Dist. 1995)
Appellate Court held that surviving spouse was precluded from making a claim for wrongful death because the surviving spouse waived any claim as to any part of deceased's estate by signing an antenuptial agreement, but the surviving spouse was not precluded from filing a loss of consortium claim.

Catberro v. Naperville School District NO. 203, 317 Ill.App.3d 150, 739 N.E.2d 115, 250 Ill. Dec.654(2nd Dist. 2000)
Appellate Court held that Local Governmental and Governmental Employees Tort Immunity Act did not provide blanket immunity to school district amid allegations that the school district failed to maintain its property in a reasonably safe condition.

Barrett v. Fonorrow, 343 Ill.App.3d 1184, 799 N.E.2d 916, 279 Ill.Dec. 113 (2nd Dist. 2003)
Appellate Court affirmed Circuit Court's dismissal of plaintiff's claims for defamation and invasion of privacy against defendants holding that the Communications Decency Act shielded defendants from liability and defendants did not as information content provider.

McGreal v. Ostrov, 368 F.3d 657 (7th Cir. 2004)
United States Court of Appeals for the Seventh Circuit held that material issues of fact existed regarding plaintiff's claims that defendants violated his free speech rights and the Illinois Mental Health and Developmental Disabilities Confidentiality Act.

Rockstead v. City of Crystal Lake, 486 F.3d 963 (7th Cir. 2007), cert. denied, 552 U.S. 947 (2007)
United State Court of Appeals for the Seventh Circuit affirmed the District Court's ruling that plaintiff's federal claim for inverse condemnation was not ripe because plaintiff failed to exhaust all their state court remedies.

Studt v. Sherman Health Systems, 387 Ill.App.3d 401, 900 N.E.2d 1212, 326 Ill.Dec. 965 (2nd Dist. 2009)
Appellate Court held that "reasonably careful" language in the jury instruction did not render the instruction erroneous in a professional negligence claim.

Jane Doe v. Village of Schaumburg, et al., 353 Ill.Dec. 99, 955 N.E.2nd 566 (1st. Dist. 2011)
Appellate court upheld the dismissal of the Village of Schaumburg, its police department and individual police officers which we obtained pursuant to intergovernmental immunities in a case brought by multiple high school students who were sexually assaulted by an offender previously arrested by the Schaumburg Police Department for a sex crime in which the Plaintiffs claimed a violation of U.S.C.A. Section 1983, based upon an alleged failure by the Defendants to notify their school district of the subject’s prior arrest.

 

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