Torts — negligence, proving willful, wanton conduct

Posted July 27, 2016 1:29 PM

Where the plaintiff alleges negligence on the part of the defendant in improperly waxing a floor, the plaintiff must present competent objective evidence of the negligence and mere eyewitness testimony as to the floor’s appearance is insufficient.The 1st District Appellate Court affirmed the decision of Cook County Circuit Judge John P. Callahan Jr.On Nov, 3, 2010, Maxcine Harvey exited the Goldblatt building, where she was employed.The Goldblatt building was owned by the city of Chicago. The city contracted with …

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Criminal procedure — denial of pretrial release

Where a court denies defendant pretrial release with a written order devoid of specific findings, this order is still sufficient if the oral pronouncement supplements with the necessary findings.
Civil procedure — involuntary admission

Where the state files for involuntary admission, it must give the subject the opportunity to prepare a defense against involuntary admission and may not change the admission basis without notice.
Sentencing — speculative information

Where district judge made reference to missing firearms from burglary and possible location of said firearms at sentencing, remark was not the basis for entire sentence and did not constitute impermissible speculative information.
Insurance — evidence from underlying litigation

Where there is no ambiguity in a liability insurance policy, a court giving a declaratory judgment need not admit elements from the underlying suit unless it deems them necessary.
Immigration — appellate jurisdiction

Where immigration judge denied discretionary cancellation of removal on the basis of petitioner’s criminal record, panel lacked jurisdiction to review decision without colorable question of law.
Insurance — innocent insured

Where an insurance policy bars recovery in cases of misappropriation, an innocent insured may recover despite a coinsured’s misconduct unless the policy specifically prohibits it.
Criminal procedure — certificate of innocence

Where a defendant seeks a certificate of innocence he must demonstrate innocence of all acts charged in the indictment, not merely those of which he was convicted.
42 U.S.C. Sec. 1983 — discrimination in contract negotiations

Where large television distributors refused to pay retransmission fees to new owner of small-regional television stations, disparity in market power between former and current owner of stations served as race-neutral reason for decision.