Close

Articles Posted in Appellate Procedure

Updated:

Illinois Appellate Court Reverses Cook County Circuit Court on Underinsured Motorist Compensation Case

On Aug. 10, 2009, Dolores Trujillo was a passenger in a vehicle driven by Adam Delgado.The Delgado vehicle was involved in a collision.  Allstate Property and Casualty Insurance insured Delgado and his car.  The other car involved in the collision was insured by American Access Insurance Co. Trujillo settled her…

Updated:

Illinois Appellate Court Limits Recovery Where Insurance Company Goes Out of Business

Illinois law provides for losses suffered when an Illinois insurance company goes bankrupt, is liquidated or cannot meets its obligations.  The Illinois Insurance Guarantee Fund is available to step in when an insurance company fails. In this case, the Illinois Supreme Court reversed and remanded a decision written by the…

Updated:

Illinois Jury Verdict Upheld Even Though Trial Judge Erred; Ramirez v. FCL Builders

Teodoro Ramirez was injured while working for his employer and subcontractor, Sullivan Roofing. The case was tried before a jury in Cook County against the general contractor on the project, FCL Builders. At the end of the trial, the trial judge included Sullivan Roofing on the jury verdict form for apportioning fault…

Updated:

Appeal Dismissed in Dispute Over Referendum of the Number of Aldermen

The City of Country Club Hills, a Chicago suburb west of the Tri-State Tollway along Interstate 80, maintained a governing body of  ten aldermen — two aldermen from each of the city’s five wards.  In the 2012 general election, a referendum was put to the vote of the citizenry asking them whether they…

Updated:

Illinois Appellate Court Affirms that Lender May Pursue Either a Mortgage or a Promissory Note to Remedy Unpaid Debt

Laura Turczak and Robert Lew purchased a house in 2007. They arranged a mortgage with Wells Fargo Bank for $391,250.  They also took out a second mortgage with First American Bank for $73,335. In 2002, Lew and Turczak stopped paying the loans.  Wells Fargo filed to foreclose its mortgage in June 2010.…

Updated:

Where Court Decides Several Counts of Complaint But Not All Counts, The Time Period for Filing an Appeal on the Decided Counts Begin

Anthony Williams filed a lawsuit against BNSF Railway Co. under the Federal Employers Liability Act (FELA) (45 U.S.C. §51) (2006) claiming an employment-related injury. BNSF filed a third-party complaint for contribution and contractual indemnification against third-party defendant Quality Terminal Services (QTS). At the jury trial, a verdict in favor of Williams was…

Updated:

US Court of Appeals Reverses Jury Verdict Over the Use of Demonstrative Evidence in the Jury Room

John Baugh sustained a severe brain injury when the Cuprum ladder that he was using to clean his gutters buckled and collapsed. Baugh’s wife Sharon filed a lawsuit on his behalf against Cuprum S.A.de C.V. claiming that the defective design and the manufacturer’s negligence was the cause of her husband’s injuries. …

Updated:

Illinois Court Chooses Not to Widen Traveling Employee Theory in Death Case

The Illinois Appellate Court has affirmed a partial summary judgment order for a defendant in a head-on crash and death case.  This case arose out of a collision in which the car driven by Jeffrey Pister was struck head-on by an employee of the defendant, Matrix Service Industrial Contractors.  At…

Updated:

Illinois Appellate Court Agrees with Dismissal of Appeal in Injury Case

On Aug. 31, 2009, the plaintiff, Juan Zamora, filed a lawsuit alleging negligence against the defendants for injuries he suffered.  A lawsuit was filed against defendants Cheri and Paul Payne. On March 24, 2010, that lawsuit was dismissed because it was barred by the exclusivity provisions of the Illinois Workers’ Compensation…

Contact Us