No. 2016 IL App (3d) 140276 In
re Marriage of Blume Filed 7-22-16 (TJJ)
The trial court entered a judgment dissolving the marriage of the parties, petitioner Tami Blume and respondent Brad Blume. On appeal, Brad argues the trial court abused its discretion by: (1) ordering him to pay child support in an amount below the statutory guidelines resulting in an improper maintenance award, (2) imputing income to him for farming in addition to the income he earned from his regular job as a farmhand, and (3) ordering him to pay Tami an excessive amount of maintenance. We affirm.
No. 2016 IL App (3d) 150424 Lorenc
v. Forest Preserve District Filed 7-22-16
The plaintiff, Kathleen Lorenc as special administrator of the estate of James F. Lorenc, appeals from the trial court’s dismissal of her second amended complaint. On appeal, the plaintiff argues that the court erred when it ruled that: (1) the second amended complaint failed to allege facts to support a claim for willful and wanton misconduct, and (2) the plaintiff’s claim is barred by the Local Governmental and Governmental Employees Tort Immunity Act. Affirmed.
No. 2016 IL App (3d) 130784 People
v. Perez Filed 7-21-16 (TJJ)
Defendant, Jesse R. Perez, appeals from the trial court’s order denying his motion for forensic testing. We reverse the judgment of the trial court and remand for forensic testing on the evidence identified in defendant’s motion.
No. 2016 IL App (4th) 150088WC Durbin
v. Illinois Workers' Compensation Comm'n Filed
On October 15, 2004, claimant, Michael K. Durbin, filed an application for adjustment of claim pursuant to the Workers' Occupational Diseases Act, seeking benefits from the employer, Archer Daniels Midland. (We note, however, the application for adjustment of claim erroneously reflected it was brought pursuant to the Workers' Compensation Act.) He alleged to have suffered injury to his lungs in the form of chronic obstructive pulmonary disease (COPD) due to exposure to irritants, and he listed the date of injury as June 11, 2003. Following a hearing, the arbitrator found that claimant failed to prove an occupational disease caused by workplace exposure and denied him benefits under the Act. On review, the Illinois Workers' Compensation Commission (Commission) affirmed and adopted the decision of the arbitrator. On judicial review, the circuit court of Macon County confirmed the Commission's decision. On appeal, claimant argues the Commission erred in (1) barring the causation opinion of his treating physician pursuant to Illinois Rule of Evidence 702 and (2) finding that he failed to prove an occupational disease caused by workplace exposure. We affirm.
No. 2016 IL App (1st) 140862 Westfield
Insurance Co. v. West Van Buren, L.L.C. Filed
This case involves an insurance coverage dispute. The insurance company filed a declaratory judgment action seeking a determination that it had no duty to defend the additional insured in an underlying lawsuit. The parties filed cross-motions for summary judgment, and the trial court ultimately ruled in favor of the insurance company. The additional insured now appeals contending the insurance company had a duty to defend it in the underlying lawsuit. We disagree and therefore affirm the trial court’s judgment in favor of the insurance company.
No. 2016 IL App (1st) 151459 Hecktman
v. Pacific Indemnity Co. Filed 7-20-16 (TJJ)
In this appeal, we are asked to determine whether the circuit court properly dismissed the plaintiffs’ negligence claims on the basis they were barred by the economic loss doctrine articulated by our supreme court in Moorman Manufacturing Co. v. National Tank Co., 91 Ill. 2d 69 (1982). The plaintiffs argue that the Moorman doctrine does not apply to claims for injury to “other property,” such as theirs, but is limited to barring damages for economic loss stemming solely from the “defective property” itself. For the reasons that follow, we affirm.
No. 2016 IL App (1st) 151795 Veazey
v. Rich Township High School District 227
Filed 7-20-16 (TJJ)
Plaintiff Frederick Veazey filed suit seeking, among other relief, a declaratory judgment that a vote by defendant Rich Township High School District 227 Board of Education (Board) to reinstate defendant Dr. Bridget Imoukhuede’s employment with back pay and attorney fees was illegal because the Board allowed Imoukhuede’s husband and Board member, defendant Emmanuel Imoukhuede, to cast the tie-breaking vote in violation of defendant Rich Township High School District 227’s (District) anti-nepotism policy. The trial court sua sponte invoked the Administrative Review Law (Review Law) (735 ILCS 5/3-101 et seq. (West 2014)) and dismissed Veazey’s second amended complaint, finding that he lacked standing to challenge the Board’s vote because he was not a party to the administrative proceedings. But because Veazey’s second amended complaint fails to sufficiently plead facts supporting taxpayer standing, an issue not addressed by the trial court, we remand and direct the trial court to grant leave to amend. Consequently, we reverse the trial court’s dismissal of Veazey’s second amended complaint and remand for further proceedings.
No. 2016 IL App (2d) 150634 People
v. Taylor Filed 7-20-16 (TJJ)
Defendant, Aaron Taylor, was arrested for driving under the influence (DUI) with a blood alcohol concentration (BAC) of 0.08 or more. 625 ILCS 5/11-501(a)(1) (West 2014). The trial court suppressed defendant’s portable breath test (PBT) results. The State raises two issues. First, it challenges the trial court’s suppression of the PBT results, arguing that the trial court should not have relied on Rozela for the proposition that the PBT statute requires consent. The State contends that, per People v. Gutierrez, 2015 IL App (3d) 140194, ¶ 20, which was released after the court’s ruling in the instant case, Rozela is no longer good law. We disagree, and determine that Rozela is still good law, though we take the opportunity to clarify its use of the word consent. Thus, we hold that the court did not err in suppressing the PBT results. Alternatively, the State argues that, even absent the PBT results, there was probable cause to arrest for DUI. The State likens this case to People v. Rush, 319 Ill. App. 3d 34 (2001), where the appellate court reversed the trial court’s finding of no probable cause. We find Rush distinguishable, and we reject the State’s probable-cause argument.
No. 2016 IL App (3d) 140178 People
v. Zambrano Filed 7-20-16 (TJJ)
Defendant Jesus Zambrano was found guilty after a jury trial of first degree murder and sentenced to 45 years’ imprisonment. He appealed his conviction, arguing his trial counsel was ineffective for failing to impeach a witness as to the grant of use immunity he received before testifying and for failing to submit a jury instruction on accomplice witness testimony. We find that the record is insufficient on direct appeal to address Zambrano’s claim regarding impeachment. We further find that Zambrano received ineffective assistance of counsel when defense counsel failed to submit an accomplice witness jury instruction. We reverse and remand.
No. 2016 IL App (1st) 151925 Burns
v. City of Chicago Filed 7-19-16 (LJD)
No. 2016 IL App (1st) 152425 People
v. Lee Filed 7-18-16 (TJJ)
Defendant Anthony Lee was convicted after a bench trial of five counts of aggravated criminal sexual assault and one count of aggravated kidnapping, and sentenced to a total of 100 years in the Illinois Department of Corrections (IDOC). Defendant’s convictions and sentences were affirmed on direct appeal. People v. Lee, No. 1-96-3069 (1998) (unpublished order under Supreme Court Rule 23). On this postconviction appeal, defendant claims that the trial court erred in dismissing his successive petition at the second stage, because he made a substantial showing of ineffective assistance of trial counsel. Defendant included supporting affidavits from five affiants with his petition, and he claims that his counsel was ineffective for failing to call these individuals at trial. Defendant’s postconviction proceedings have been the subject of two separate supervisory orders from the Illinois Supreme Court directing this court to vacate our prior orders affirming dismissal and to reconsider defendant’s petition and supporting affidavits. Thus, we have quoted below the supporting affidavits in full. However, even after considering carefully both our supreme court’s orders and the petition and supporting affidavits, we find that we have no choice but to affirm this dismissal.
No. 2016 IL App (4th) 140517 People
v. Mason Filed 7-18-16 (TJJ)
In August 2012, defendant, Eric J. Mason, pro se, filed an amended petition for postconviction relief. Therein, he alleged his trial counsel provided ineffective assistance of counsel. In November 2012, the trial court advanced defendant's petition to the second stage of postconviction proceedings and appointed counsel to represent defendant. In January 2014, postconviction counsel filed a certificate of compliance pursuant to Illinois Supreme Court Rule 604(d) (eff. Feb. 6, 2013), even though the certificate should have been filed under Illinois Supreme Court Rule 651(c) (eff. Feb. 6, 2013). During the postconviction proceedings, defendant complained his postconviction counsel was providing unreasonable assistance by failing to properly communicate with him and inadequately representing his interests. In February 2014, the State filed a motion to dismiss defendant's postconviction petition, which the trial court granted in May 2014. Defendant appeals, asserting (1) postconviction counsel provided unreasonable assistance of counsel, and (2) the trial court erred in dismissing his postconviction petition at the second stage of proceedings. Because we conclude postconviction counsel's certificate failed to substantially comply with Rule 651(c), we reverse and remand for further proceedings.
No. 2016 IL App (1st) 132573 People
v. Rivera Filed 7-18-16 (TJJ)
Defendant Michael Rivera appeals from the circuit court's granting of the State's motion to dismiss his post-conviction petition. Defendant, John Crowe and four others were charged with first degree murder in the 1998 shooting death of Marcus Lee. To support a claim of actual innocence, defendant attached to his petition Crowe's affidavit in which he attested that he, and not defendant, shot the victim. In this appeal, defendant contends the circuit court erred in dismissing his petition at the second stage of post-conviction proceedings after reviewing the transcript of Crowe's guilty plea hearing and finding Crowe's affidavit was not credible. He further asserts his post-conviction counsel provided unreasonable assistance under Illinois Supreme Court Rule 651(c) (eff. Dec. 1, 1984) by failing to object to the circuit court's consideration of that transcript. Affirmed.
No. 2016 IL App (1st) 150793 In
re Marriage of Vondra Filed 7-18-16 (TJJ)
Respondent, Mika J. Vondra, appeals the circuit court’s judgment in a marriage dissolution proceeding, specifically the court’s characterization and distribution of various assets pursuant to section 503 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/503 (West 2014)). On appeal, respondent contends (1) she is entitled to the reimbursement of $253,000 she contributed in nonmarital funds to pay down the mortgage on the marital residence and (2) the trial court erred in classifying respondent’s Madison Avenue IRA No. 6863 (IRA 6863) and the American Enterprise CD No. 6714 (6714 CD) as marital property. For the following reasons, we affirm.
No. 2016 IL App (4th) 150728 Miller
v. Sarah Bush Lincoln Health Center Filed
On June 29, 2015, a jury returned a verdict in plaintiff Harold Miller's favor in his medical malpractice action against defendants, Dr. Curtis Green, D.O., and Sarah Bush Lincoln Health Center. The jury awarded plaintiff $638,347.91, with $133,347.91 itemized for medical expenses. On July 17, 2015, defendants filed a motion to enter judgment and reduce the jury's verdict by $91,724.03 pursuant to section 2-1205 of the Code of Civil Procedure. On August 3, 2015, the trial court granted defendants' motion and reduced the jury's verdict by $91,724.03. Plaintiff appeals, arguing the trial court erred in reducing the judgment by $91,724.03. We reverse the trial court's order reducing the verdict in this case and remand with directions for the trial court to reinstate the jury's verdict without any reduction.
No. 2016 IL App (1st) 123371 People
v. Jones Filed 6-30-16 (TJJ)
Defendant Anteleto Jones was convicted by a jury on January 30, 2003, of first-degree murder and sentenced on March 28, 2003, to 44 years in the Illinois Department of Corrections (IDOC). This appeal concerns defendant’s pro se motion for leave to file a second postconviction petition. As we explain below, the only evidence connecting defendant to this murder was his own confession, which he has consistently claimed was coerced and which is not corroborated by some of the physical evidence. Now, an eyewitness, who is the only known eyewitness to the murder, has come forward to exonerate defendant. This eyewitness is in addition to the two exculpatory witnesses discovered and disclosed by the prosecutor immediately after the trial ended. For the following reasons, we reverse and remand for appointment of postconviction counsel and second-stage proceedings.
No. 2016 IL App (1st) 151281 Gataric
v. Colak Filed 7-15-16 (TJJ)
The citation respondent, Vanya Khoury (Khoury), appeals from the circuit court of Cook County’s order denying her claim to funds held in a joint checking account with defendant, Adrian Colak (Colak), and ordering those funds be turned over to plaintiff, Cedo Gataric (Gataric), in satisfaction of an underlying judgment obtained by Gataric against Colak. On appeal, Khoury argues that in rendering this determination the trial court applied an improper burden of proof. Khoury further argues that the trial court’s finding that she was not the sole owner of the funds contained in the joint checking account was against the manifest weight of the evidence. For the following reasons, we affirm.
No. 2016 IL App (3d) 140487 Lyons
Lumber and Building Center, Inc. v. 7722 North Ashland,
LLC Filed 7-14-16 (TJJ)
This appeal arises out of a breach of contract action filed by plaintiff, Lyons Lumber & Building Center, Inc., against defendants, 7722 North Ashland, LLC (Ashland), Ashland- Juneway, LLC (Juneway) (collectively “the defendant LLCs”), and Jay Johnson, who personally guaranteed the two loans each of the defendant LLCs made with plaintiff. The trial court entered a default judgment against the defendant LLCs and granted plaintiff’s motion for summary judgment against Johnson, individually, with a resulting judgment of $165,806.84, jointly and severally, against all the defendants. More than 30 days following the judgment, defendants filed a motion to vacate the judgment pursuant to section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2012)), which the trial court granted. On appeal, plaintiff argues the trial court erred in granting defendants’ motion to vacate. We agree and reverse.
No. 2016 IL App (5th) 130223 People
v. Mosley Filed 7-14-16 (TJJ)
After a jury trial in the circuit court of St. Clair County, defendant, Bernard Mosley, was convicted of aggravated battery and sentenced to two years in the Department of Corrections followed by one year of mandatory supervised release. The only issue in this appeal is whether defendant's conviction should be vacated on the basis that his right to a speedy trial was violated. We affirm.
No. 2016 IL App (3d) 140120 People
v. Evans Filed 7-13-16 (TJJ)
Defendant was found guilty of first degree murder. 720 ILCS 5/9-1(a)(3) (West 2008) (a person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death, he is attempting or committing a forcible felony). Defendant was sentenced to 58 years of imprisonment. On appeal, defendant argues, inter alia, that his constitutional right to confront witnesses was violated where the prosecutor continued to question a witness, in the presence of the jury, and the witness refused to testify and repeatedly asserted his fifth amendment privilege against self-incrimination. U.S. Const., amend. V. We reverse and remand for a new trial.
No. 2016 IL App (3d) 160080 In
re S.W.N. Filed 7-13-16 (TJJ)
Respondent, S.W.N., appeals from his adjudication for delinquency based on the offense of criminal sexual assault. Respondent argues that his confession, which was admitted at trial, should have been suppressed because he did not knowingly and intelligently waive his Miranda rights. We vacate the trial court's adjudication of delinquency, reverse its order denying respondent's motion to suppress his confession, and remand the matter for further proceedings.
No. 2016 IL App (3d) 160092 In
re L.W. Filed 7-13-16 (TJJ)
L.W. appeals from the trial court's order that lifted the stay on the sentence imposed on the fourth petition for indirect criminal contempt. Specifically, L.W. argues he is entitled to a credit for time spent in custody on multiple proceedings associated with his two juvenile delinquency cases. We affirm as modified.
No. 2016 IL App (2d) 140332 People
v. Sandoval-Carrillo Filed 7-12-16 (TJJ)
Defendant, Gustavo Sandoval-Carrillo, appeals the denial, after an evidentiary hearing, of his petition for relief under the Post-Conviction Hearing Act. Defendant contends that (1) his conviction, on a guilty plea, of unlawful possession of more than 10 but not more than 30 grams of cannabis with the intent to deliver, a Class 4 felony, is void, because the State never charged him by indictment or information, as required by statute; and (2) his guilty plea violated due process, as the trial court did not admonish him properly. We affirm.
No. 2016 IL App (5th) 150116 Decker
v. Union Pacific Railroad Company Filed
The defendant, Union Pacific Railroad Company, filed a petition for leave to appeal from an order of the circuit court of St. Clair County, denying its motion to transfer this case to Marion County based on forum non conveniens. The petition for leave to appeal was filed pursuant to Illinois Supreme Court Rule 306 (eff. Feb. 16, 2011). We granted the petition, and for reasons that follow, we affirm.
No. 2016 IL App (3d) 150284WC Allenbaugh
v. Illinois Workers' Compensation Comm'n Filed
Claimant, Jason Allenbaugh, appeals a decision of the circuit court of Peoria County confirming a decision of the Illinois Workers’ Compensation Comm’n (Commission) denying his claim for benefits under the Illinois Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2012)). For the reasons that follow, we affirm.
No. 2016 IL App (1st) 142754 Pepper
Construction Company v. Palmolive Tower Condominiums,
LLC Filed 6-20-16 (TJJ)
This appeal involves a dispute between the general contractor for a construction project, Pepper Construction Company (Pepper), and one of its subcontractors, Bourbon Marble, Inc. (Bourbon). Beginning in 2004, Pepper and Bourbon worked on an interior build-out of approximately 96 condominium units in a building owned by Palmolive Tower Condominiums, LLC (Palmolive), and located at 919 North Michigan Avenue in Chicago. The arbitration proceedings involved Palmolive, Pepper, and Bourbon, along with several other subcontractors of Pepper. The arbitration award was confirmed in the circuit court, and following a global settlement agreement, only issues between Pepper and Bourbon remained. Bourbon attempted to pursue damages against Pepper, but Pepper successfully contended at the summary judgment stage that Bourbon was judicially estopped from pursuing those damages. The remaining issues were resolved at a bench trial, where Pepper was awarded $36,312 in backcharges. Both parties appeal. Bourbon asserts that: (1) judicial estoppel should have applied to Pepper, but not Bourbon; (2) the judicial estoppel ruling should be reversed because the court misapplied the rules pertaining to judicial admissions; (3) the trial judgment should be reversed because the trial court failed to enforce Pepper’s judicial admissions; and (4) the trial court improperly denied Bourbon’s petition for attorney fees. For its part, Pepper: (1) maintains that Bourbon’s claims were barred by judicial estoppel, res judicata, collateral estoppel, and an agreement between the parties; and (2) asserts that the court improperly granted a directed verdict at trial to Bourbon; and (3) Pepper was the prevailing party and entitled to attorney fees. Affirmed in part, reversed in part, and remanded.
No. 2016 IL App (3d) 150464 Davis
v. Burlington Northern Santa Fe Railway Company
Filed 7-11-16 (TJJ)
Plaintiff, Stephen Davis, a locomotive conductor, brought suit under the federal Employers' Liability Act (FELA) (45 U.S.C. § 51 et seq. (2012)) against his employer, defendant, Burlington Northern Santa Fe Railway Company, to recover damages for an injury he allegedly suffered at work when he attempted to step up onto the bottom step of a locomotive and pull himself up and his knee gave out. Both sides filed motions for summary judgment. After a hearing, the trial court granted defendant's motion for summary judgment and denied plaintiff's. Plaintiff appeals. We reverse the trial court's judgment and remand for further proceedings.
No. 2016 IL App (1st) 151979 McDermott v. The
City of Chicago Police Board Filed 7-8-16 (LJD)
Plaintiff, Timothy McDermott, appeals from an order of the circuit court of Cook County affirming the decision of the City of Chicago Police Board (Board) that found him in violation of three Chicago police department (Department or CPD) rules and ordered him discharged.
No. 2016 IL App (1st) 143384 Fraternal Order
of Police v. The City of Chicago Filed 7-8-16 (LJD)
In these consolidated interlocutory appeals,
defendants the City of Chicago (City) and the Chicago
police department (CPD) argue that the circuit court erred
in granting preliminary injunctions in favor of plaintiff,
Fraternal Order of Police, Chicago Lodge No. 7. The
preliminary injunctions enjoin defendants from releasing
certain information contained in records generated by
police oversight agencies’ investigations of citizen
complaints of alleged police misconduct.1 These records,
commonly referred to as "Complaint Registers" or "CRs,"
were requested by defendant-intervenor Chicago Tribune
Company, LLC (Tribune), and the Chicago Sun-Times
(Sun-Times) pursuant to the Freedom of Information Act
(FOIA) (5 ILCS 140/1 et seq. (West 2012)). The
Attorney General of Illinois filed an amicus brief in
support of defendants’ position. The Better Government
Association along with journalist and author Jamie Kalven
and journalist John Conroy also filed an amicus brief in
support of defendants’ position. For the reasons that
follow, we vacate the circuit court’s grant of the
No. 2016 IL App (4th) 150661 Merritt v. The
Department of State Police Filed 7-8-16 (LJD)
Plaintiff, Michael L. Merritt, filed a petition in the circuit court of McLean County, seeking judicial review of a decision by the Concealed Carry License Review Board (Board) denying him a license to carry a concealed firearm. Before the circuit court, Merritt and defendants, the Department of State Police, Leo Schmitz (its Director), and the Board, disputed the type of judicial review that court may undertake in considering Merritt's claims.
No. 2016 IL App (4th) 150122WC Chlada v.
Illinois Workers' Compensation Comm'n Filed 7-8-16
The claimant sought judicial review of the Commission's remand order in the circuit court of Cook County, arguing that his wage differential benefits should continue indefinitely and should not cease on April 22, 2004, because his disability from the July 15, 1999, work injury had not ended. Neither party contested the Commission's finding that the claimant was entitled to wage differential benefits at the rate of $485.65 per week. The circuit court found that the Commission's decision to extend the claimant's wage differential award through April 22, 2004, was against the manifest weight of the evidence because the claimant's entitlement to wage differential benefits terminated on January 13, 2003, "at which time PTD benefits began." Accordingly, the circuit court set aside the Commission's remand order. The circuit court's order also stated, without analysis or explanation, that "the A.W.W. [average weekly wage] pursuant to Section 8(d)(1) is $455.65."
Respondent, Stephen R. Vance, appeals the trial court's order: (1) directing Stephen to pay child support to petitioner, Cecilia Vance, in the amount of $825 per month; (2) characterizing a house as marital property and awarding one-third of the equity in the house to Cecilia; and (3) directing Stephen to pay Cecilia's attorney fees in the amount of $5,000. We affirm.
No. 2016 IL App (3rd) 150483 In re Estate of
Sterba Filed 7-7-16
The Estate of Catherine Sterba (Estate) appeals the trial court's ruling that a disclaimer of interest in certain devised real estate executed by Jason Dearth, the son of the decedent, was invalid.
No. 2016 IL App (4th) 150573 International
Association of Firefighters Local 49 v. The City of
Bloomington Filed 7-1-16 (LJD)