10 Illinois opinions name it 1 courts 2003–2026 2 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Simmons v. Garcesgreen2 sentences2021She asserts that she established the necessary elements for the court to submit the missing evidence instruction to the jury, including that the results were under Mercy’s control, the missing evidence was not equally available to her, Mercy would have produced the report if it was favorable to Mercy, and Mercy did not offer direct evidence to explain why the blood culture results were missing from the medical record. ¶ 101 A missing evidence instruction under IPI Civil No. 5.01 advises “the jury that, if a party fails to offer evidence that is within its power to produce, the jury may infer t 2020She asserts that she established the necessary elements for the court to submit the missing evidence instruction to the jury, including that the results were under Mercy’s control, the missing evidence was not equally available to her, Mercy would have produced the report if it was favorable to Mercy, and Mercy did not offer direct evidence to explain why the blood culture results were missing from the medical record. ¶ 101 A missing evidence instruction under IPI Civil (2011) No. 5.01 advises “the jury that, if a party fails to offer evidence that is within its power to produce, the jury may | 2 | 4 |
People v. Daniellygreen2 sentences2015Defendant argues that such a missing evidence instruction was approved in People v. Danielly, 274 Ill. 2014Defendant argues that such a missing evidence instruction was approved in People v. Danielly, 274 Ill. | 2 | 2 |
Jenkins v. Dominick's Finer Foods, Inc.green2 sentences2003See Jenkins , 288 Ill. 2003See Jenkins, 288 Ill. | 2 | 2 |
Myre v. Kroger Co.green1 sentence2026Myre v. Kroger Co., 176 Ill. | 1 | 1 |
Village of Roselle v. Commonwealth Edison Co.green1 sentence2026Village of Roselle v. Commonwealth Edison Co., 368 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
FIRST NAT. BANK OF LAGRANGE v. Lowrey
green
2 sentences2008An IPI Civil (2006) No. 5.01 instruction “allows the jury to infer that any evidence not offered but within the control of a party is adverse to that party.” First National Bank of LaGrange v. Lowrey, 375 Ill. 2008An IPI Civil (2006) No. 5.01 instruction “allows the jury to infer that any evidence not offered but within the control of a party is adverse to that party.” First National Bank of LaGrange v. Lowrey, 375 Ill. | 2 | 2008–2008 |
Klingelhoets v. Charlton-Perrin
green
2 sentences2026They further argue that the trial court erred in allowing Gonzalez to opine on an ultimate issue, namely, whether Brungart could have done anything to avoid the accident. ¶ 71 While not “permitted to testify to a legal conclusion at issue *** a lay witness can express an opinion on an issue in a cause if that opinion will assist the trier of fact.” Klingelhoets v. Charlton-Perrin, 2013 IL App (1st) 112412, ¶ 44 . “[A]s long as this opinion is based on the witness’s personal observation, is one that a person is generally capable of making and is helpful to a clear understanding of an issue at h 2026They further argue that the trial court erred in allowing Gonzalez to opine on an ultimate issue, namely, whether Brungart could have done anything to avoid the accident. ¶ 71 While not “permitted to testify to a legal conclusion at issue *** a lay witness can express an opinion on an issue in a cause if that opinion will assist the trier of fact.” Klingelhoets v. Charlton-Perrin, 2013 IL App (1st) 112412, ¶ 44 . “[A]s long as this opinion is based on the witness’s personal observation, is one that a person is generally capable of making and is helpful to a clear understanding of an issue at h | 1 | 2026–2026 |
Kersey v. Rush Trucking, Inc.
green
1 sentence2026Id. ¶ 66 Defendants argue the trial court should not have given the missing evidence instruction because the facts are not in dispute, as Awwad acknowledged he drove through the red light, so the dashcam and ELD would be cumulative. | 1 | 2026–2026 |
Arient v. Shaik
green
1 sentence2026Arient, 2015 IL App (1st) 133969 , ¶ 37. ¶ 63 Missing Evidence Instruction ¶ 64 Defendants contend they were prejudiced by a missing evidence instruction on the dashcam video and the ELD. ¶ 65 The missing-evidence instruction, IPI Civil (2024) No. 5.01, is given after the trial court determines that a party would likely have produced evidence unless it was unfavorable to them. | 1 | 2026–2026 |
People v. Banks
green
2 sentences2007The special concurrence cites a number of cases from which it purports to derive the rule that lack of fault must be decided before materiality or colorable need. 318 Ill.Dec. at 223 , 883 N.E.2d at 57 . 2007Due to this factual circumstance, and notwithstanding defendant's failure to recognize the role of fault in his analysis of the missing evidence, the ideals of justice and fairness dictate that we forgo strict application of waiver and proceed to the materiality or colorable need element of the missing evidence analysis." 318 Ill.Dec. at 219-20 , 883 N.E.2d at 53-54 . | 1 | 2007–2007 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.