Supreme Court of Illinois Decisions 2019

Jones v. Pneumo Abex LLC  
Date: December 19, 2019
Citation: 2019 IL 123895
Docket Numbers: 123895, 124002

Justia Opinion Summary: In 2013, the Joneses sought to recover damages suffered when John contracted lung cancer, resulting from his exposure to “asbestos from one or more” of numerous companies while he was involved in the construction…

Andrews v. Metropolitan Water Reclamation District of Greater Chicago  
Date: December 19, 2019
Citation: 2019 IL 124283
Docket Number: 124283

Justia Opinion Summary: The Metropolitan Water Reclamation District entered into a contract with the Joint Venture, for the “Primary Settling Tanks and Grit Removal Facilities” project to be carried out at the Calumet water reclamation plant. …

Ammons v. Canadian National Railway Co.  
Date: December 19, 2019
Citation: 2019 IL 124454
Docket Number: 124454

Justia Opinion Summary: Ammons and Riley sued Wisconsin Central under the Federal Employers’ Liability Act (FELA), 45 U.S.C. 51, for injuries they sustained when the train they were operating struck another train. Both alleged Wisconsin Central…

Iwan Ries & Co. v. City of Chicago  
Date: December 19, 2019
Citation: 2019 IL 124469
Docket Number: 124469

Justia Opinion Summary: In 2016, Chicago imposed a municipal tax on units of noncigarette “other tobacco products” purchased in the city. Entities with interests in tobacco products sought injunctive relief, arguing that the ordinance was…

Rushton v. Department of Corrections  
Date: December 19, 2019
Citation: 2019 IL 124552
Docket Number: 124552

Justia Opinion Summary: Rushton, an Illinois Times journalist, requested from the Illinois Department of Corrections (DOC) settlement agreements pertaining to claims filed in connection with the death of Franco, a former Taylorville inmate who…

People v. Eubanks  
Date: December 5, 2019
Citation: 2019 IL 123525
Docket Number: 123525

Justia Opinion Summary: A pedestrian, was killed by a hit-and-run driver near a Chicago intersection; her six-year-old son was seriously injured. A jury convicted Eubanks of first-degree murder (720 ILCS 5/9-1(a)(2)), failure to report an…

People v. Abdullah  
Date: November 21, 2019
Citation: 2019 IL 123492
Docket Number: 123492

Justia Opinion Summary: Abdullah was sentenced to concurrent prison terms of 40 years for first-degree murder and 20 years for attempted first-degree murder. In a subsequent motion, the prosecution argued that consecutive sentences were…

People v. Morger  
Date: November 21, 2019
Citation: 2019 IL 123643
Docket Number: 123643

Justia Opinion Summary: Morger, convicted of aggravated criminal sexual abuse and criminal sexual abuse of his teenage sister, challenged, as overbroad and facially unconstitutional, the probationary condition set forth in the Unified Code of…

Robert R. McCormick Foundation v. Arthur J. Gallagher Risk Management Services, Inc.  
Date: November 21, 2019
Citation: 2019 IL 123936
Docket Number: 123936

Justia Opinion Summary: In 2010, the Foundations and their insurance broker, Gallagher, discussed the renewal of the Foundations’ $25 million directors and officers (D&O) insurance coverage. The Foundations wanted to obtain the same coverage…

Lakewood Nursing and Rehabilitation Center, LLC v. Department of Public Health  
Date: November 21, 2019
Citation: 2019 IL 124019
Docket Number: 124019

Justia Opinion Summary: In 2012, Sauvageau became a Lakewood resident, paying for her residency through her pension and Social Security income without other government assistance. Sauvageau stopped paying in August 2013. On October 28, 2013,…

People v. Bates  
Date: November 21, 2019
Citation: 2019 IL 124143
Docket Number: 124143

Justia Opinion Summary: The prosecution alleged that on September 19, 2011, Bates entered A.P.’s home and, armed with a knife, sexually assaulted her; on October 6, 2011, he entered C.H.’s home, armed with a knife, and sexually assaulted her. …

Horsehead Corp. v. Department of Revenue  
Date: November 21, 2019
Citation: 2019 IL 124155
Docket Number: 124155

Justia Opinion Summary: Horsehead is a Delaware corporation, with its primary place of business in Pennsylvania, that has an Illinois manufacturing facility. Tax liability notices were issued due to Horsehead’s failure to pay Illinois use tax…

Sanders v. Illinois Union Insurance Co.  
Date: November 21, 2019
Citation: 2019 IL 124565
Docket Number: 124565

Justia Opinion Summary: In 1994, based on doctored evidence from the City of Chicago Heights Police Department, Sanders was charged with murder, attempted murder, and armed robbery. Sanders was wrongfully convicted and imprisoned for…

Raab v. Frank  
Date: November 21, 2019
Citation: 2019 IL 124641
Docket Number: 124641

Justia Opinion Summary: The Grossens own but do not live on, Parcel A, adjacent to Parcel B, leased by Frank. The parcels are separated by a common fence. Frank has used Parcel B for pasturing cattle since 2009 and, under his lease is…

In re Marriage of Zamudio  
Date: November 21, 2019
Citation: 2019 IL 124676
Docket Number: 124676

Justia Opinion Summary: Louise and Frank married in 2000. Frank had served in the Air Force from 1974-1980 and, in 1989, began working for the Illinois State Police. While married, the parties paid $9626.40 to the State Retirement System,…

Yakich v. Aulds  
Date: October 24, 2019
Citation: 2019 IL 123667
Docket Number: 123667

Justia Opinion Summary: Mother filed a contribution petition under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/513(a), requesting that Father be ordered to pay an equitable share of their daughter's college costs. The two…

People v. Murray  
Date: October 18, 2019
Citation: 2019 IL 123289
Docket Number: 123289

Justia Opinion Summary: Murray was convicted of first-degree murder (720 ILCS 5/9-1(a)(2)) and unlawful possession of a firearm by a street gang member (section 24-1.8(a)(1)). He was sentenced to consecutive terms of 50 years and 10 years…

People v. Austin  
Date: October 18, 2019
Citation: 2019 IL 123910
Docket Number: 123910

Justia Opinion Summary: Defendant and Matthew lived together along with her children and shared an iCloud account. Matthew was aware of this data-sharing arrangement but did not disable it. Text messages between Matthew and the victim, who was…

People v. Custer  
Date: September 19, 2019
Citation: 2019 IL 123339
Docket Number: 123339

Justia Opinion Summary: Custer had already been convicted of several crimes when entered an open plea of guilty to unlawful possession of a controlled substance in 2010. Before his sentencing hearing, Custer was arrested again after an attack…

Carmichael v. Union Pacific Railroad Co.  
Date: September 19, 2019
Citation: 2019 IL 123853
Docket Number: 123853

Justia Opinion Summary: Carmichael was an employee of the Railroad, which contracted with PTI to transport its employees to and between job sites. Plaintiff was riding in a PTI van in the course of her employment when the van collided with…

People v. Smith  
Date: September 19, 2019
Citation: 2019 IL 123901
Docket Number: 123901123902

Justia Opinion Summary: In 2009, Burtner, a 65-year-old veteran, went to deposit VFW receipts at a Midlothian bank. A teller saw Burtner approach and saw a man in a hooded sweatshirt walk quickly behind him. After briefly losing sight of both…

Accettura v. Vacationland, Inc.  
Date: September 19, 2019
Citation: 2019 IL 124285
Docket Number: 124285

Justia Opinion Summary: Plaintiffs purchased a recreational vehicle (RV) from Vacationland for $26,000.25. When it leaked during a rainstorm, they brought it in for repair. When it leaked again, causing extensive damage, they brought it back. A…

People v. Johnson  
Date: August 1, 2019
Citation: 2019 IL 123318
Docket Number: 123318

Justia Opinion Summary: The Supreme Court of Illinois reversed the appellate court's reversal of defendant's conviction of burglary. The court held that the appellate court erred in its analysis of the limited-authority doctrine and in holding…

County of Will v. Pollution Control Board  
Date: June 20, 2019
Citation: 2019 IL 122798
Docket Numbers: 122798, 122813

Justia Opinion Summary: In 2010, the Illinois General Assembly directed the Pollution Control Board to adopt rules for the use of clean construction or demolition debris (CCDD) and uncontaminated soil (US) as fill material at clean construction…

McCarthy v. Taylor (Amended Opinion)
Date: June 20, 2019
Citation: 2019 IL 123622
Docket Number: 123622
McCarthy v. Taylor  
Date: June 20, 2019
Citation: 2019 IL 123622
Docket Number: 123622

Justia Opinion Summary: Plaintiff sued Defendant for tortious interference with Plaintiff’s share of the trust by making false statements and presenting misleading evidence against Plaintiff in earlier litigation. Both parties were licensed…

McIntosh v. Walgreens Boots Alliance, Inc.  
Date: June 20, 2019
Citation: 2019 IL 123626
Docket Number: 123626

Justia Opinion Summary: Plaintiff’s class action complaint alleged that Walgreens violated the Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1, by unlawfully collecting a municipal tax imposed by Chicago on purchases of…

Ward v. Decatur Memorial Hospital  
Date: June 20, 2019
Citation: 2019 IL 123937
Docket Number: 123937

Justia Opinion Summary: In December 2007, the decedent had gastric bypass surgery and developed a bed sore that became infected. The Hospital discharged him four days after the procedure. In January 2008, the decedent died from complications…

Nichols v. Fahrenkamp  
Date: June 20, 2019
Citation: 2019 IL 123990
Docket Number: 123990

Justia Opinion Summary: In 2004, Nichols, age 11, received $600,000 in a settlement for injuries she suffered in a motor vehicle accident. The court appointed her mother as her guardian to administer her estate and appointed attorney Fahrenkamp…

People v. Clark  
Date: June 6, 2019
Citation: 2019 IL 122891
Docket Number: 122891

Justia Opinion Summary: Clark pled guilty to charges of burglary and unlawful use of a credit card and was released on bond pending the imposition of sentence. While awaiting sentencing, Clark was found guilty of violating 720 ILCS 5/31-6(a)…

LMP Services, Inc. v. City of Chicago  
Date: May 23, 2019
Citation: 2019 IL 123123
Docket Number: 123123

Justia Opinion Summary: Chicago Ordinance 2012-4489 provides that “[n]o operator of a mobile food vehicle shall park or stand such vehicle within 200 feet of any principal customer entrance to a restaurant which is located on the street level.”…

Doe v. Coe  
Date: May 23, 2019
Citation: 2019 IL 123521
Docket Number: 123521

Justia Opinion Summary: Plaintiffs, Jane and her parents, sued two individuals and several entities including and affiliated with the United Church of Christ (UCC) after Jane was sexually assaulted by a youth pastor. Plaintiffs alleged that the…

Roberts v. Board of Trustees of Community College District No. 508  
Date: May 23, 2019
Citation: 2019 IL 123594
Docket Number: 123594123599

Justia Opinion Summary: Roberts sued City Colleges of Chicago following his termination as director of medical programs at Malcolm X College, alleging retaliatory discharge, violation of section 20 of the Whistleblower Act (740 ILCS 174/20),…

People v. Buffer  
Date: April 18, 2019
Citation: 2019 IL 122327
Docket Number: 122327

Justia Opinion Summary: A jury found defendant guilty of four counts of first-degree murder (720 ILCS 5/9-1(a)(1), (a)(2)), and specifically found that defendant, age 16 at the time of the crime, personally discharged a firearm that caused the…

Fillmore v. Taylor  
Date: April 18, 2019
Citation: 2019 IL 122626
Docket Number: 122626

Justia Opinion Summary: Fillmore, an inmate at the Sumner, Illinois Lawrence Correctional Center, sued three Corrections officers for failing to follow mandatory legal procedures before imposing discipline upon him for violating prison rules…

People v. Kimble  
Date: April 18, 2019
Citation: 2019 IL 122830
Docket Number: 122830

Justia Opinion Summary: In 2014, the defendant was charged with four counts of aggravated criminal sexual abuse against a nine-year-old girl. During deliberations, the judge indicated on the record that she had received a note from the jury:…

Piccioli v. Board of Trustees of the Teachers’ Retirement System  
Date: April 4, 2019
Citation: 2019 IL 122905
Docket Number: 122905

Justia Opinion Summary: The 2007 Act, 40 ILCS 5/16-106(10), amended the Pension Code, which governs the Teachers’ Retirement System (TRS): An officer or employee of a statewide teachers’ union was permitted to establish TRS service credit if…

Van Dyke v. White  
Date: March 21, 2019
Citation: 2019 IL 121452
Docket Number: 121452

Justia Opinion Summary: Van Dyke is a licensed insurance producer, 215 ILCS 5/1, and registered with the Secretary of State Securities Department as an investment adviser, 815 ILCS 5/1. The Department received a complaint from the adult…

Chicago v. Kankakee  
Date: March 21, 2019
Citation: 2019 IL 122878
Docket Number: 122878

Justia Opinion Summary: Municipalities sued other municipalities to recover revenue under the Use Tax Act (35 ILCS 105/1). Use tax is imposed on the privilege of using in Illinois tangible personal property purchased at retail from a retailer…

People v. Webb  
Date: March 21, 2019
Citation: 2019 IL 122951
Docket Number: 122951

Justia Opinion Summary: Webb was charged with misdemeanor unlawful use of weapons (UUW) statute (720 ILCS 5/24-1(a)(4)) after he was discovered carrying a stun gun in his jacket pocket while in his vehicle on a public street. Greco was charged…

1550 MP Road LLC v. Teamsters Local Union No. 700  
Date: March 21, 2019
Citation: 2019 IL 123046
Docket Number: 123046

Justia Opinion Summary: The Property of Unincorporated Associations Act, 765 ILCS 115/2, requires a labor union to notify its members and obtain their approval before entering into an agreement to lease or purchase real estate. The circuit…

Wingert v. Hradisky  
Date: March 21, 2019
Citation: 2019 IL 123201
Docket Number: 123201

Justia Opinion Summary: The circuit court found section 25(b)(2) of the Drug Dealer Liability Act, 740 ILCS 57/25(b)(2), facially unconstitutional. The Act provides a civil remedy for persons injured as a result of illegal drug use. Persons who…

People v. Drake  
Date: March 21, 2019
Citation: 2019 IL 123734
Docket Number: 123734

Justia Opinion Summary: Defendant was charged with aggravated battery of a child, heinous battery, and aggravated domestic battery. The indictments alleged that defendant immersed his six-year-old stepson, J.H. in hot water. The court admitted…

Edwards v. Atterberry  
Date: February 22, 2019
Citation: 2019 IL 123370
Docket Number: 123370

Justia Opinion Summary: Edwards was charged under the Timber Buyers Licensing Act. The information referred to each violation as constituting a Class A misdemeanor, which Edwards disputed. Edwards filed several pretrial motions, including…

Beaman v. Freesmeyer  
Date: February 7, 2019
Citation: 2019 IL 122654
Docket Number: 122654

Justia Opinion Summary: In 1993, ISU student Lockmiller was found dead in her Normal apartment. Police questioned Lockmiller’s then-boyfriend, Swaine, and former boyfriends, including Beaman. At a meeting including the McLean County prosecutors…

People v. Gawlak  
Date: February 7, 2019
Citation: 2019 IL 123182
Docket Number: 123182

Justia Opinion Summary: In 2008, Defendant was charged with the sexual assault of his 10-year-old daughter, J.G. The indictment alleged that defendant inserted his fingers in J.G.’s vagina, licked her vagina, and touched her buttocks. After his…

In re Appointment of Special Prosecutor  
Date: January 25, 2019
Citation: 2019 IL 122949
Docket Number: 122949

Justia Opinion Summary: In a 2004 Chicago altercation, Vanecko punched Koschman in the face, causing Koschman to fall back and strike his head on the sidewalk. Koschman died from his injuries. In 2004-2011, law enforcement investigated. No…

People v. Johnson  
Date: January 25, 2019
Citation: 2019 IL 122956
Docket Number: 122956

Justia Opinion Summary: In 2013, defendant (age 31) was charged with several controlled drug incidents, In a negotiated plea agreement, he agreed to plead guilty to two counts of unlawful delivery of a controlled substance within 1000 feet of a…

People v. Witherspoon  
Date: January 25, 2019
Citation: 2019 IL 123092
Docket Number: 123092

Justia Opinion Summary: Defendant was charged in a separate case with domestic battery and criminal trespass to a residence. He was released on bond, with the court ordering as conditions of the bail bond that defendant have no contact with the…

Peach v. McGovern  
Date: January 25, 2019
Citation: 2019 IL 123156
Docket Number: 123156

Justia Opinion Summary: A motorist whose vehicle was rear-ended sued the other driver. The circuit court entered judgment for the defendant. The appellate court reversed and remanded for a new trial on damages, holding that the circuit court…

Rosenbach v. Six Flags Entertainment Corp.  
Date: January 25, 2019
Citation: 2019 IL 123186
Docket Number: 123186

Justia Opinion Summary: The Biometric Information Privacy Act, 740 ILCS 14/1, imposes restrictions on how private entities collect, retain, disclose and destroy biometric identifiers, including retina or iris scans, fingerprints, voiceprints,…

Smith v. Vanguard Group Inc.  
Date: January 25, 2019
Citation: 2019 IL 123264
Docket Number: 123264

Justia Opinion Summary: Donald initially listed no beneficiary who would take any funds remaining in his individual retirement account at his death. In 2013, he was hospitalized. During his hospitalization, someone designated his wife, JoAnn,…

People v. Relwani  
Date: January 25, 2019
Citation: 2019 IL 123385
Docket Number: 123385

Justia Opinion Summary: Defendant was charged with driving under the influence of alcohol. His driver’s license was summarily suspended under Illinois’s implied consent statute (625 ILCS 5/11-501.1). Defendant filed a petition to rescind the…

In re Marriage of Fatkin  
Date: January 25, 2019
Citation: 2019 IL 123602
Docket Number: 123602

Justia Opinion Summary: The Fatkins, married in 2004, divorced in 2015. The parties were granted joint custody of their children (born in 2004 and 2010) with the father having primary physical custody. In 2017, the trial court granted father’s…

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