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8 Illinois opinions name it 2 courts 1979–2019 0 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 |
|---|---|---|
Witherell v. Weimergreen2 sentences2011Similarly our court has held that when "there is a general verdict and more than one theory is presented, the verdict will be upheld if there was sufficient evidence to sustain either theory, and the defendant, having failed to request special interrogatories, cannot complain." Witherell v. Weimer, 118 Ill.2d 321, 329 , 113 Ill.Dec. 259 , 515 N.E.2d 68 (1987). ¶ 48 In light of this authority, any problem regarding the propriety of the jury instruction on plaintiffs' professional negligence count is immaterial, as a matter of law, unless Sherman Hospital can establish that there was not suffici 2011Similarly our court has held that when "there is a general verdict and more than one theory is presented, the verdict will be upheld if there was sufficient evidence to sustain either theory, and the defendant, having failed to request special interrogatories, cannot complain." Witherell v. Weimer, 118 Ill.2d 321, 329 , 113 Ill.Dec. 259 , 515 N.E.2d 68 (1987). ¶ 48 In light of this authority, any problem regarding the propriety of the jury instruction on plaintiffs' professional negligence count is immaterial, as a matter of law, unless Sherman Hospital can establish that there was not suffici | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ready v. United/Goedecke Services, Inc.
green
2 sentences2019In any event, our supreme court specifically held in Ready, 238 Ill. 2d at 592 , that the trial court erred not only in excluding evidence of the nonparties’ negligence but in “refusing to give the second paragraph” of IPI Civil No. 12.04 to support that sole proximate cause theory. ¶ 46 We are not persuaded by the case law cited by plaintiff. 2018In any event, our supreme court specifically held in Ready , 238 Ill. 2d at 592 , 345 Ill.Dec. 574 , 939 N.E.2d 417 , that the trial court erred not only in excluding evidence of the nonparties' negligence but in "refusing to give the second paragraph" of IPI Civil No. 12.04 to support that sole proximate cause theory. ¶ 46 We are not persuaded by the case law cited by plaintiff. | 2 | 2018–2019 |
People v. Burton
green
2 sentences2008Burton, 201 Ill. 2008Burton, 201 Ill. | 2 | 2008–2008 |
Abruzzo v. City of Park Ridge
green
1 sentence2019Accordingly, defendant’s position at trial, which identified two causes of Joey’s death, does 8 The propriety of the jury instruction does not appear to have been at issue on appeal. - 28 - not satisfy any interpretation of a ‘sole proximate cause’ argument.” Abruzzo, 2013 IL App (1st) 122360, ¶ 61 . ¶ 131 The majority deals with these cases by simply announcing that they are wrong. | 1 | 2019–2019 |
Leonardi v. Loyola University of Chicago
green
2 sentences2018In light of these decisions, we do not see how we can accept plaintiff's argument, and the trial court's conclusion, that the sole proximate cause theory is inapplicable when a defendant claims that two different nonparties' negligence was the sole proximate cause of a plaintiff's injuries. ¶ 45 It is no distinction that Nolan never specifically discussed the propriety of the jury instruction that corresponds to the sole proximate cause theory, the second paragraph of IPI Civil No. 12.04 ; if there is sufficient evidence to support the sole proximate cause theory at trial, "the defendant is en 2018In light of these decisions, we do not see how we can accept plaintiff's argument, and the trial court's conclusion, that the sole proximate cause theory is inapplicable when a defendant claims that two different nonparties' negligence was the sole proximate cause of a plaintiff's injuries. ¶ 45 It is no distinction that Nolan never specifically discussed the propriety of the jury instruction that corresponds to the sole proximate cause theory, the second paragraph of IPI Civil No. 12.04 ; if there is sufficient evidence to support the sole proximate cause theory at trial, "the defendant is en | 1 | 2018–2018 |
Kus v. Sherman Hospital
green
1 sentence1996We reasoned that "[p]ermitting a jury to assume a judicial role in determining whether a duty existed, especially where we determine that a duty did exist as a matter of law, deprives the plaintiff of a fair trial." 268 Ill. | 1 | 1996–1996 |
People v. Harris
green
2 sentences1979The contested instruction defined murder as an act performed with the intent “ ‘to kill or do great bodily harm.’ ” In People v. Harris (1978), 72 Ill. 2d 16, 27 , 377 N.E.2d 28 , that instruction was held erroneous in that it permitted the jury to find a defendant guilty if he acted only with intent to do great bodily harm rather than with intent to cause death. 1979The contested instruction defined murder as an act performed with the intent “ ‘to kill or do great bodily harm.’ ” In People v. Harris (1978), 72 Ill. 2d 16, 27 , 377 N.E.2d 28 , that instruction was held erroneous in that it permitted the jury to find a defendant guilty if he acted only with intent to do great bodily harm rather than with intent to cause death. | 1 | 1979–1979 |
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.