Torts — proximate cause

Posted April 22, 2024 11:26 AM

Where plaintiff is injured when a person crashes their car into a business plaintiff is patronizing, the incident may be foreseeable and does not preclude proximate cause by the business.The 2nd District Appellate court reversed and remanded a decision from Lake County Circuit Judge Jorge L. Ortiz.On Aug. 9, 2020, Melanie Sanders drove her vehicle through the wall and windows of a restaurant owned by El Paraiso Del Pacifico Inc. d/b/a Taqueria El Paraiso (El Paraiso), striking Darius King, who was a customer in the …

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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.
Criminal procedure — pretrial release

Where defendant is arrested while on pretrial release for a felony, the state does not need to show that no condition would mitigate the danger he poses in order to revoke his release.
Criminal procedure — pretrial release

Where the state seeks pretrial detention, it is not required to explicitly address why each condition or combination of conditions would not mitigate the threat to safety defendant’s release poses.
Civil procedure — injunction

Where defendants failed to pay business taxes for years and district court denied injunction request from government aimed at ensuring future compliance, court’s decision was an abuse of discretion.
Civil procedure — revocation of pretrial release

Where defendant seeks review of the circuit court’s decision revoking his pretrial release, any appeal is reviewed for abuse of discretion.
Criminal law — felon-in-possession

Where felon’s conviction for possessing firearm and ammunition was supported by evidence recovered from motel room that felon had abandoned, sufficient evidence existed to support convictions.