735 Ill. Comp. Stat. § 5/2-1005

Section 2-1005(c) permits summary judgment despite conflicting testimony when the disputed fact is immaterial to the outcome.

Parker v. Lofton & Lofton Management V, Inc. · filed 2019-12-19(c)

Accordingly, we agree that, to the extent this issue was disputed, it was not material such that the conflicting testimony would preclude the court’s entry of summary judgment.

Section 2-1005(c) permits summary judgment when no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law; a factual dispute is immaterial if it cannot affect the outcome.

Home Healthcare of Illinois, Inc. v. Jesk · filed 2018-12-19(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... However, for purposes of Mr. Jesk’s motion for summary judgment, these are not material issues of contested fact.

Section 2-1005(c) permits summary judgment when a factual dispute is immaterial and the moving party is entitled to judgment as a matter of law.

Stonegate Insurance Co. v. Hongsermeier · filed 2017-03-03(c)

Accordingly, we find that even if there is a question of fact as to when GMACM first learned that the owners did not occupy the property, it is irrelevant in determining whether GMACM complied with the conditions enumerated in the mortgage clause. Based on the foregoing analysis, we conclude that defendant was entitled to judgment as a matter of law and the circuit court correctly entered summary judgment in its favor. 735 ILCS 5/2-1005(c) (West 2014).

Section 2-1005(c) permits summary judgment when a disputed fact is immaterial under the governing probable cause standard.

People v. $174,980 United States Currency · filed 2013-10-17(c)

Resolving this matter via summary judgment does not alter this underlying standard, and the actual content of the bag exchanged for the currency was, therefore, not a “material fact” for purposes of establishing probable cause in this matter.

Section 2-1005(c) permits summary judgment despite a factual dispute when the disputed fact is immaterial.

Parkway Bank and Trust Co. v. State Farm Fire and Casualty Co. · filed 2013-05-20(c)

Regardless, for a factual dispute to have the effect of rendering summary judgment inappropriate, the disputed fact must be material.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Zameer v. City of Chicago · filed 2013-07-19(c)

A party is entitled to summary judgment where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2010); see Purtill v. Hess, 111 Ill. 2d 229, 240 (1986). ... As no genuine issue of material fact existed regarding constructive notice, summary judgment was properly granted for the city.

Section 2-1005(c) allows summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; the court cannot weigh conflicting evidence or assess credibility.

Wolfensberger v. Eastwood · filed 2008-05-12(c)

Based on the totality of the evidence before us, we cannot say that, as a matter of law, no reasonable person could conclude Eastwood was acting within the scope of his employment when the accident occurred. The conflicting facts presented by the parties in support of their respective summary judgment motions required the trial court to make credibility determinations and weigh the evidence in order to reach a decision, which is inappropriate in summary judgment proceedings.

Section 2-1005(c) permits summary judgment when judicial estoppel prevents a party from creating a triable issue of fact by contradicting an earlier position.

Barack Ferrazzano Kirschbaum Perlman & Nagelberg v. Loffredi · filed 2003-06-12(c)

Defendants are judicially estopped from attempting to create a question of fact for purposes of summary judgment by contradicting their previous positions. There was no genuine, triable issue of fact remaining for the instant circuit court to decide.

Section 2-1005 requires denial of summary judgment when reasonable persons could draw different inferences from undisputed facts.

Schmidt v. Milburn Bros., Inc. · filed 1998-04-30

Because reasonable persons could draw different inferences from the undisputed facts, summary judgment should have been denied.

Section 2-1005 requires denial of summary judgment when reasonable persons could draw different inferences from undisputed facts.

Schmidt v. Milburn Brothers, Inc. · filed 1998-04-30

Because reasonable persons could draw different inferences from the undisputed facts, summary judgment should have been denied.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; disputes over irrelevant facts do not prevent judgment.

Smith v. Neumann · filed 1997-07-18(c)

Summary judgment is properly granted if "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2—1005(c) (West 1994). ... We note that the mere existence of factual questions that are unrelated to the essential elements of the cause of action will not preclude a court from granting summary judgment. ... Accordingly, facts and circumstances surrounding why defendant failed to include a minority shareholder provision in the shareholders’ agreement are of no consequence to the determination of any matter in dispute in this case.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Riblet Products Corp. v. Starr National · filed 1993-03-30(c)

By statute, summary judgment is to be granted when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2 — 1005(c) (West 1992).) ... Construing the pleadings and supporting documents in the light most favorable to Dolly, we find that the circuit court was incorrect in determining that there was no genuine issue of material fact with respect to Johnston.

Section 2-1005 permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Sigma Companies, Inc. v. Regas · filed 1993-09-30

A motion for summary judgment should be granted when the pleadings, depositions, admissions and affidavits on file show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2— 1005 (West 1992).) ... As we have previously indicated, based upon a review of the record there is a genuine issue of material fact as to when the contract began. Therefore, the trial court properly denied the motions for summary judgment.

Section 2-1005 requires reversal of summary judgment when a genuine issue of material fact remains.

Maxton v. Garegnani · filed 1994-01-20

Under section 2 — 1005 of the Code of Civil Procedure (735 ILCS 5/2 — 1005 (West 1992)), the sole function of the court reviewing the trial court’s entry of summary judgment is to determine whether the lower court correctly ruled that no genuine issue of fact had been raised and, if none was raised, whether judgment' was correctly entered as a matter of law. ... We believe that when the evidence is construed strictly against Allstate and liberally in favor of the plaintiffs material questions of fact remain.

Section 2-1005(c) requires denial of summary judgment when the evidence raises a genuine issue of material fact.

Kennedy v. First Nat. Bank of Mattoon · filed 1994-03-18(c)

Section 2 — 1005(c) of the Code states that, upon a motion for summary judgment being made, the circuit court shall enter such a judgment on behalf of a movant on one or more facts in the case when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2 — 1005(c) (West 1992).) ... Under the circumstances set forth in Bohlen’s affidavit and his deposition, a question of fact existed as to whether he knew that the judgment against Kennedy was invalid. Summary judgment should not have been entered as to amended count II.

Section 2-1005(c) does not permit summary judgment when the record presents a genuine issue of material fact.

H & H Sand & Gravel Haulers Company v. Coyne Cylinder Company · filed 1994-04-15(c)

After reviewing the pleadings, depositions, affidavits, and admissions included in the record, including the deposition testimony of Robert Bambenek submitted by the plaintiffs as an offer of proof, we determine that there is a genuine issue of material fact concerning the cause of the explosion and fire. Therefore, the trial court erred by entering summary judgment in favor of Coyne Cylinder.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Prodromos v. Forty East Cedar Condominium Association · filed 1994-05-02(c)

A motion for summary judgment appropriately is granted if the pleadings, depositions, and affidavits on file "show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Addison, 124 Ill. 2d at 294, 529 N.E.2d at 555; 111. Rev. Stat. 1991, ch. 110, par. 2 — 1005(c) (now 735 ILCS 5/2 — 1005(c) (West 1992)).) ... In our view, the record indicates that a genuine issue of material fact remains regarding the Fee Restriction portion of the Amendments, especially pertaining to the determination of fair market value.

Section 2-1005(c) permits summary judgment when disputed facts are not material to an essential element of a claim or defense.

Costello v. Illinois Farmers Insurance · filed 1993-11-19(c)

At that point in the proceedings her issues of disputed fact set forth above were irrelevant and not material to the policy limitation on the duplication of benefits. The issue then became whether she could attempt to recover them twice. The disputed issues of fact must be material to the essential elements of the defense in order to defeat a motion for summary judgment.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Maher & Associates, Inc. v. Quality Cabinets · filed 1994-09-29(c)

Summary judgment is properly granted only when the pleadings, depositions, and affidavits show that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. (Olympic Restaurant, 251 Ill. App. 3d at 598; 735 ILCS 5/2 — 1005(c) (West 1992).) ... We believe that Ladd’s affidavit was a tacit denial of Maher’s fundamental claims and that reasonable persons could draw different inferences from the facts in this matter. Indeed, the competing affidavits appear to raise more questions than they answer. As such, summary judgment was inappropriately granted.

Section 2-1005(c) precludes summary judgment when a genuine issue of material fact remains.

West v. Granny's Rocker Niteclub, Inc. · filed 1994-12-01(c)

We believe that, based upon the evidence presented to the trial court, genuine issues of material fact existed as to whether Fred entrusted the motorcycle to Daymond and, if so, whether Fred should have known that Daymond was intoxicated. These issues are sufficient to preclude granting Fred’s motion for summary judgment.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Klen v. Asahi Pool, Inc. · filed 1994-12-02(c)

Summary judgment is properly granted if the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... Based upon the pleadings, affidavits, and evidence submitted by the parties in the case at bar, and based upon the cases they have cited to support their respective positions, it is by no means evident that, as a matter of law, the dangers of "shallow" or surface diving into a shallow pool are open and obvious to minors.

Section 2-1005(c) requires denial of summary judgment when the evidence reveals a triable issue of material fact.

E.A. Cox Co. v. Road Savers International Corp. · filed 1995-03-16(c)

This testimony alone created a question of fact precluding summary judgment on the issue. Summary judgment procedure is not designed to resolve a disputed issue of fact but rather to determine if one exists. When, as in this case, an examination of the record reveals the existence of a triable issue of fact, summary judgment must be denied.

Section 2-1005 does not permit summary judgment when disputed material facts could allow a jury to find for the opposing party.

Miller v. National Ass'n of Realtors · filed 1995-03-31

Therefore, we find, after reviewing the record in a light most favorable to plaintiff, that there exist disputed issues of material fact upon which a jury could find for plaintiff.

Section 2-1005 permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

O'BANNER v. McDonald's Corp. · filed 1995-05-12

In Illinois, summary judgment is governed by the provisions of section 2-1005 of the Code of Civil Procedure. (735 ILCS 5/2-1005 (West 1992).) ... Summary judgment should be granted only if the pleading, depositions, admissions and affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... Because we find there to be a genuine question of fact raised as to whether the plaintiff perceived the restaurant in which he slipped and injured himself as being operated by McDonald's Corporation or its agents, we reverse the circuit court's granting of summary judgment and remand the case for further proceedings consistent with this opinion.

Section 2-1005 permits summary judgment when disputed facts are immaterial to the controlling legal issues and only questions of law remain.

First of America Bank, Rockford, N.A. v. Netsch · filed 1995-05-18(c)

Summary judgment is appropriate where the material facts are undisputed and the record presents only questions of law. (735 ILCS 5/2 — 1005 (West 1992).) We find that the factual disputes noted by the Comptroller did not preclude the trial court from granting the Bank’s motion for summary judgment.

Section 2-1005 permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Rector v. Mattingly · filed 1995-06-29

Given the facts presented, particularly D’Albro’s testimony and the inferences that can be drawn from it, we conclude that the trial court erred in granting the County’s motion for summary judgment. Summary judgment shall be rendered only if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Gray v. Loyola University of Chicago · filed 1995-06-30(c)

Summary judgment is proper when the pleadings, depositions, admissions on file, and any affidavits show there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ... Whether the parties intended that tenure be extinguished if Mundelein affiliated with another school is not a question of law, but one of fact.

Section 2-1005 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Prettyman v. Commonwealth Edison Co. · filed 1995-06-30

Summary judgment is proper where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2 — 1005 (West 1992); Green v. International Insurance Co. (1992), 238 Ill. App. 3d 929, 605 N.E.2d 1125.) ... Plaintiffs, however, have failed to produce any exhibits, depositions, affidavits or other evidence which establishes that vacation time is earned in arrears, while defendant has presented evidence showing that employees are granted their vacation benefits in a given year before their services are rendered in that year. ... Accordingly, we hold that summary judgment in favor of defendant was proper.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Westbank v. Maurer · filed 1995-12-22(c)

Summary judgment is properly granted if the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Leschinski v. Forest City Steel Erectors (1993), 243 Ill. App. 3d 124, 127; 735 ILCS 5/2 — 1005(c) (West 1994).) ... As such, because the first two factors so overwhelmingly support the court’s conclusion that the transaction was for consumer credit as to defendant, the court did not err in granting summary judgment in favor of defendant.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

PEOPLE EX REL. HUGHES ON BEHALF OF TLW v. Walker · filed 1996-02-29(c)

Summary judgment is an appropriate measure where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law (735 ILCS 5/2-1005(c) (West 1994); Purtill v. Hess (1986), 111 Ill.2d 229, 240, 95 Ill.Dec. 305, 309, 489 N.E.2d 867, 871), but where a reasonable person could draw divergent inferences from undisputed facts, summary judgment should be denied.

Section 2-1005(c) permits summary judgment when a factual dispute cannot affect whether a party has a viable claim.

Webb v. County of Cook · filed 1995-09-21(c)

The reason for plaintiff’s termination is an issue of material fact only if she can state a cause of action under the Act. Her retaliatory discharge claim lapsed pursuant to a one-year statute of limitations and plaintiff has no claim for retaliatory refusal to rehire or recall. Accordingly, issues such as the quality of plaintiff’s work, her ability and willingness to return to duty, and defendant’s reason for terminating her employment were immaterial and not a proper basis upon which to deny summary judgment.

Section 2-1005 requires denial of summary judgment when a material fact is disputed.

Allstate Insurance v. Smiley · filed 1995-11-30

Thus, where reasonable persons could draw divergent inferences from the undisputed material facts or where there is a dispute as to a material fact, summary judgment should be denied, and the issue decided by the trier of fact. ... Consequently, the trial court erred in granting summary judgment on this issue.

Section 5/2-1005(c) requires denial of summary judgment when evidence construed in favor of the opposing party raises a genuine issue of material fact.

Watkins v. Schmitt · filed 1996-04-30(c)

Furthermore, in construing the evidence liberally in favor of the plaintiff, we believe that evidence of 124 feet of skid marks does present a factual question as to whether Schmitt was speeding.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Proctor Hospital v. Taylor · filed 1996-05-09(c)

Summary judgment is properly granted only when the pleadings, depositions, admissions and affidavits show there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994). ... Accordingly, since Wayne raised the issue of emancipation in his pleadings in the instant case, there was a genuine issue of material fact as to whether Erin was emancipated at the time she was treated at Proctor, and summary judgment was improper.

Section 2-1005(c) does not permit summary judgment when the evidence raises a genuine issue of material fact about whether a defendant had charge of construction work.

Axen v. Ockerlund Construction Co. · filed 1996-05-14(c)

We find that, in this case, plaintiff has provided sufficient evidence of the existence of a genuine issue of material fact involving the right to stop work for safety reasons.

Section 5/2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Fatigato v. Village of Olympia Fields · filed 1996-05-17(c)

Summary judgment is proper where the pleadings, depositions, admissions, and affidavits on file "show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1992). ... In the present case, several questions of fact preclude summary judgment in defendants’ favor.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact remains; an unrebutted presumption of paternity can satisfy that standard.

Department of Public Aid Ex Rel. Galbraith v. Jones · filed 1996-06-07(c)

A motion for summary judgment should only be granted when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1992); see also Purtill v. Hess, 111 Ill. 2d 229, 240, 489 N.E.2d 867, 871 (1986). ... Given that presumption based on the results of the blood tests together with Galbraith’s affidavit indicating that respondent was the only man with whom she had sexual relations during the undisputed time of conception, paternity was not a genuine issue and summary judgment was proper.

Section 2-1005 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Nelson v. Thomas · filed 1996-07-23

We find that the trial court properly granted defendants’ motions for summary judgment because no genuine issue of material fact existed as to whether the police officers were the proximate cause of the Strepeks’ deaths and, therefore, the judgment was proper as a matter of law.

Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Wells v. Enloe · filed 1996-08-09(c)

A motion for summary judgment is to be granted "if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1992). ... Based upon our review of the evidence, taken in the light most favorable to plaintiff, and including plaintiff’s testimony and affidavit, we hold that plaintiff presented sufficient evidence to preclude summary judgment in defendants’ favor.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Kerr v. Illinois Central Railroad · filed 1996-08-30(c)

Summary judgment will be granted only where the "pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” 735 ILCS 5/2—1005(c) (West 1994). ... Although IC claims that, at a minimum, the various affidavits it submitted in response to the London Insurers’ motion for summary judgment and in support of its own motion to reconsider created a triable issue of fact precluding summary judgment, our review of the record does not support this conclusion.

Section 2-1005(c) allows summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Murphy v. General Motors Corp. · filed 1996-10-18(c)

Summary judgment is appropriate only when the pleadings, together with any depositions, admissions, or affidavits on file demonstrate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c); LaSalle National Bank v. Skidmore, Owings & Merrill, 262 Ill.App.3d 899, 902, 200 Ill.Dec. 225, 635 N.E.2d 564 (1994). ... We believe there is sufficient evidence in the record to raise a genuine issue of material fact as to whether the defendant should have replaced, rather than repaired the seat.

Section 2-1005(c) does not permit summary judgment when the evidence raises a genuine question of material fact.

People Ex Rel. Toynton v. Commonwealth Edison Co. · filed 1996-11-15(c)

Because we determine that ComÉd’s evidence raised a question of fact regarding whether the tax levies were unnecessary and illegal, the Township and the District were not entitled to summary judgment as a matter of law.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Letsos v. Century 21-New West Realty · filed 1996-12-27(c)

Motions for summary judgment may be granted where the pleadings, depositions, exhibits, and affidavits reveal no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994); Young v. Lemons, 266 Ill. App. 3d 49, 51, 639 N.E.2d 610 (1994). ... Summary judgment in this case was erroneously granted to Brusha and Century 21. Material questions of fact abound. For the same reasons, summary judgment could not be entered in Letsos’ favor.

Section 2-1005(c) precludes summary judgment when a genuine issue of material fact exists.

First American Title Insurance v. TCF Bank, F.A. · filed 1997-02-07(c)

After reviewing the record, we determine that summary judgment is precluded because a genuine issue of material fact exists. 735 ILCS 5/2-1005(c) (West 1994).

Section 2-1005(c) permits summary judgment when the material facts are undisputed and the remaining issue is a question of law.

Dragon Construction, Inc. v. Parkway Bank & Trust · filed 1997-03-17(c)

These facts are undisputed. Thus there were no genuine issues of material fact, and the question raised by Dragon’s declaratory judgment claim as to the parties’ rights and obligations under the performance bond was a question of law. Therefore, the trial court did not err in resolving that question by way of summary judgment.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

In Re Estate of Roeseler · filed 1997-03-19(c)

The testimony of War dell concerning the decedent’s degeneration, her opinion as to his senility and incompetence, and her testimony regarding the natural objects of his bounty are sufficient to create an issue of fact as to the decedent’s testamentary capacity during the period in question.

Section 5/2-1005(c) does not require summary judgment merely because the allegedly defective product is missing when other evidence raises a genuine issue of material fact.

Braverman v. Kucharik Bicycle Clothing Co. · filed 1997-03-20(c)

Throughout this litigation, defendant’s position has been that plaintiff has absolutely no chance of defeating its motion for summary judgment without the actual helmet involved in the accident. In light of the above principles, we hold that no such per se rule exists.

Section 2-1005 permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Simon v. Wilson · filed 1997-06-27

Summary judgment is proper when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... Because questions of fact exist on the issue of Weinberg’s performance, summary judgment was inappropriate.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Clausen v. Carroll · filed 1997-08-18(c)

At the outset, we note that the purpose of a motion for summary judgment is to determine whether a genuine issue of triable fact exists (Purtill v. Hess, 111 Ill. 2d 229, 240 (1986)) and that such a motion should be granted only when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law” (735 ILCS 5/2— 1005(c) (West 1996)). ... Based on such evidence, we conclude that there are several issues of material fact that preclude the entry of summary judgment.

Section 2-1005 does not permit summary judgment when a genuine issue of material fact remains on a claim.

Davies v. Grauer · filed 1997-08-27

Although the general rule is that a fee-splitting agreement between attorneys is unenforceable, summary judgment should not be entered in this case because there are genuine issues of material fact as to whether Grauer breached his fiduciary duty to honor the joint venture agreement with Davies.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Barraza v. Tootsie Roll Industries, Inc. · filed 1997-12-22(c)

Summary judgment is proper only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994). ... Without a clear answer to this question we cannot uphold the trial court’s grant of summary judgment.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Roman Catholic Diocese of Joliet, Inc. v. Interstate Fire Ins. Co. · filed 1997-09-08(c)

Summary judgment is proper only where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994). ... Because we find that Interstate’s answer to the complaint and its arguments before the trial court in relation to the Diocese’s motion for summary judgment admitted only the existence of the allegation of abuse in July of 1985, and not that the abuse, in fact, occurred at that time, the date of the priest’s first abuse was an issue of material fact precluding summary judgment in favor of the Diocese.

Section 5/2-1005 precludes summary judgment when the evidence leaves a genuine issue of material fact for a jury to decide.

Batson v. Pinckneyville Elementary School District No. 50 · filed 1998-02-10

Therefore, because the sidewalk’s character presents a genuine issue of material fact which may only be properly decided by a jury, the circuit court erred in summarily concluding that the sidewalk’s character is recreational.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the movant is entitled to judgment as a matter of law.

Dowd & Dowd, Ltd. v. Gleason · filed 1998-03-19(c)

A motion for summary judgment may be granted only when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1996). ... We believe that there are material issues of fact that preclude entry of summary judgment in favor of the defendants on this count.

Section 2-1005 permits summary judgment only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Chicago District Council of Carpenters Welfare Fund v. Gleason & Fritzshall · filed 1998-03-30

Summary judgment is appropriate when the pleadings, together with any depositions, admissions or affidavits on file, demonstrate no genuine issues of material fact exist and that the movant is entitled to judgment as a matter of law. ... The question of what interest, if any, plaintiff actually had in the check, and whether defendants forged plaintiff’s endorsement and converted the check, are factual questions inappropriate for resolution on a summary judgment motion.

Section 2-1005 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Ainsworth v. Century Supply Co. · filed 1998-04-13

Summary judgment is properly granted if the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... Accordingly, because there are genuine issues of material fact, and because of the preliminary posture of the evidence in this case, we hold that the trial court erred by granting summary judgment in favor of Century on the issue of punitive damages.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Petrovich v. Share Health Plan of Illinois, Inc. · filed 1998-05-22(c)

A motion for summary judgment should be granted only where the pleadings, depositions, admissions and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994). ... For the reasons stated above, we hold that the instant case presents a genuine issue of material fact as to whether plaintiff’s treating physicians were apparent agents of Share. Thus, we reverse the trial court’s grant of summary judgment in defendant’s favor.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Meck v. Paramedic Services of Illinois · filed 1998-05-26(c)

Applying the standard established by statute and reaffirmed by the supreme court, we hold there is a genuine issue of material fact as to whether defendants’ alleged willful and wanton conduct proximately caused the death of Mr. Meek. An issue of material fact regarding defendants’ conduct was established from the totality of the evidence presented during the summary judgment proceeding.

Simply questioning the reasonableness of attorney fees does not create a factual dispute that precludes summary judgment when the court has adequate evidence of the fees.

Lewis X. Cohen Insurance Trust v. Stern · filed 1998-06-08(c)

As plaintiffs point out, simply questioning the reasonableness of the fees does not create a factual dispute sufficient to preclude summary judgment.

Section 2-1005 permits summary judgment when unsupported assertions and conclusory, self-serving testimony fail to create a genuine issue of material fact.

Davis v. Times Mirror Magazines, Inc. · filed 1998-06-23

Plaintiff's attempts to create genuine issues of material fact are based on assertions unsupported in the record and conclusory, self-serving deposition testimony.

Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Bovara v. St. Francis Hospital · filed 1998-08-20(c)

A motion for summary judgment is to be granted if “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1996). ... We hold that the trial court erred in entering summary judgment in favor of Drs. Bliley and Edgett because there was a genuine issue of fact as to whether they acted as Bovara’s physicians by providing a service for Bovara and whether they owed a duty to Bovara.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Winger v. Franciscan Medical Center · filed 1998-09-24(c)

It is properly granted when the pleadings, depositions, admissions and affidavits on file show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. ... In this case whether the suicide was foreseeable and whether the conduct of the defendants was reasonable under the circumstances are questions of fact to be determined by a jury. Therefore, we hold that summary judgment was inappropriately granted.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Mr. B's, Inc. v. City of Chicago · filed 1998-12-28(c)

Summary judgment “shall be rendered without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2—1005(c) (West 1994). ... However, the inadequate record leaves a question of material fact as to whether the ticket brokers in this case are being taxed extraterritorially.

Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Mark Twain Illinois Bank v. Clinton County · filed 1999-01-28(c)

Summary judgment “shall be rendered without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2—1005(c) (West 1994). ... We believe that the record sufficiently supports these allegations to withstand summary judgment because a genuine issue of material fact exists as to whether the District failed to maintain the subject portion of High-line Road to its original width, causing the road to become too narrow for two vehicles to safely pass.

Section 2-1005 precludes summary judgment when the submitted materials create genuine issues of material fact.

Parks v. Kownacki · filed 1999-06-01

Some defendants filed motions to dismiss based on section 2—615 and/or section 2—619 (735 ILCS 5/2—615, 2—619 (West 1992)), and all defendants filed motions for summary judgment based on section 2—1005 (735 ILCS 5/2—1005 (West 1992)). The trial court examined the materials submitted in support of the summary judgment motions and denied each of them. Our review of the record leads us to conclude that the trial court was correct in its finding that the materials submitted create genuine issues of material fact which would preclude the entry of a summary judgment order.

Section 5/2-1005 does not permit summary judgment when material facts remain for trial.

Installco Inc. v. Whiting Corp. · filed 1999-06-18

Based upon the foregoing, the circuit court should have denied summary judgment to Whiting, since these questions must be considered in context with the relationship of the parties during their transactional history; they raise issues of triable, material fact and are not amenable to summary judgment disposition.

Section 5/2-1005 permits summary judgment only when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Hoffman Estates Professional Firefighters Ass'n v. Village of Hoffman Estates · filed 1999-06-23

The record in the present case only states the total amount paid by the Village into the pension fund for the years 1985 to 1989, without a breakdown of what portion of the total amount paid represented the tax proceeds. Therefore, a material question of fact existed as to whether the amounts paid by the Village into the pension fund prior to 1990 included the actual amounts of the tax proceeds collected. Accordingly, we hold that the trial court erred in granting summary judgment in favor of the Association.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Aboufariss v. City of De Kalb · filed 1999-07-07(c)

A trial court properly grants summary judgment if the pleadings, depositions, and affidavits show that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2—1005(c) (West 1996). ... We determine that the issue of probable cause was not a disputed issue of material fact to preclude summary judgment.

Section 2-1005(c) does not permit summary judgment when the evidence raises a triable issue of material fact.

Scardina v. Alexian Bros. Medical Center · filed 1999-10-20(c)

This evidence is sufficient to raise a triable issue of fact regarding plaintiff’s justifiable reliance. We therefore reverse summary judgment in favor of Alexian Brothers.

Section 5/2-1005 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

American National Bank & Trust Co. v. Bentley Builders, Inc. · filed 1999-10-20

Summary judgment is properly granted if the pleadings, depositions, admissions, and affidavits on file show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... As we believe there exists a question of fact as to the issue of malice, we hold that the trial court erred in granting summary judgment as to the slander of title count (count II) and remand the cause for trial.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Chavda v. Wolak · filed 1999-12-02(c)

A motion for summary judgment should be granted only when the pleadings, depositions, and affidavits demonstrate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 1998). After reviewing the record, we agree with the trial court that genuine issues of material fact exist and that plaintiffs' motion for summary judgment therefore should be denied.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Brooks v. Midwest Grain Products of Illinois, Inc. · filed 2000-03-01(c)

Summary judgment is appropriate only when the pleadings, depositions, and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1998). ... Given the state of the evidence, the trial court improperly determined that no material facts were at issue and improperly awarded summary judgment to Midwest.

Section 2-1005 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; reasonable differing inferences from undisputed facts can preclude it.

TTX CO. v. Whitley · filed 2000-03-31

Summary judgment is properly granted where the pleadings, depositions, admissions on file and affidavits show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ... Because reasonable differing inferences can be drawn from the undisputed facts in light of the very unique relationship TTX has to the railroad industry, disposing of the issues by summary judgment was inappropriate in this case.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; a dispute over the interpretation of undisputed documents does not itself create a factual issue.

Continental Casualty Co. v. Coregis Insurance · filed 2000-03-31(c)

A motion for summary judgment is properly granted when the pleadings, depositions, admissions, and affidavits establish that no genuine issue as to any material fact exists and the moving party is entitled to a judgment as a matter of law. ... We find that because the content of the notice letter in the present case was not disputed, but only its interpretation, no question of fact existed as to the sufficiency of the letter and, in fact, Coregis concedes that the letter was sufficient to trigger coverage under its policy.

Section 2-1005(c) requires summary judgment to be denied when reasonable people could draw different inferences from the material facts.

Buchaklian v. Lake County Family Young Men's Christian Ass'n · filed 2000-04-18(c)

In sum, we hold that where reasonable persons could draw divergent inferences from the undisputed material facts or where reasonable minds could differ as to a material fact, such as whether a condition is open and obvious, summary judgment should be denied and the issue decided by the trier of fact.

Section 2-1005(c) requires summary judgment to be denied when a genuine issue of material fact remains.

Walker v. Valor Insurance · filed 2000-06-05(c)

Therefore, we find that material issues of fact exist as to whether defendant properly denied the claim and summary judgment on count I must be reversed and remanded for trial.

Section 2-1005(c) allows summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

King v. NLSB · filed 2000-06-07(c)

Summary judgment should only be granted when the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact when construed in the light most favorable to the nonmoving party and the moving party is entitled to judgment as a matter of law. ... We therefore believe summary judgment was inappropriate and reverse the circuit court’s decision.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Lundquist v. Allstate Insurance · filed 2000-06-19(c)

A trial court properly grants summary judgment when the pleadings, depositions, and admissions on file, together with the affidavits, if any, reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1998). ... For these reasons, we conclude that a question of fact existed as to whether the home was vacant.

Section 2-1005 permits summary judgment when the record shows no genuine issue of material fact; unsupported pleadings alone do not create one when the movant submits evidence.

Boswell Memorial Hospital v. Bongiorno · filed 2000-06-28

A trial court should grant summary judgment only if the pleadings, depositions, affidavits, and admissions on file show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005 (West 1998). ... We conclude that defendant’s bald assertions do not create a question of material fact.

Section 5/2-1005 does not permit summary judgment when a material factual dispute remains over whether public property met applicable safety standards.

Anderson v. Alberto-Culver USA, Inc. · filed 2000-12-07

Accordingly, summary judgment may not be entered where there is a material fact question of whether public property was maintained in conformity with applicable safety standards; the cause must be reversed and remanded for trial for this determination.

A genuine issue of material fact about damages precludes summary judgment on damages.

Jacobson v. Board of Education · filed 2001-03-29

A genuine issue of material fact remains regarding damages, precluding summary judgment on that issue, as the circuit court correctly held.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Illinois Department of Public Health v. Jackson · filed 2001-04-10(c)

Summary judgment is appropriate if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that no genuine issue as to any material fact exists and that the moving party is entitled to judgment as a matter of law. ... However, there are genuine issues of fact whether (1) the Department was damaged by that breach, (2) Jackson should be entitled to any further credits, (3) any treble damages would be appropriate, and (4) the Department is estopped by its conduct from seeking any damages.

Section 2-1005 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

The Suburban, Inc. v. Cincinnati Insurance Co. · filed 2001-06-20

Summary judgment is appropriate when the pleadings, depositions and admissions on file show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005 (West 1998). ... We do not find in the record any conclusive evidence as to whether Suburban or Pasley paid the insurance premiums. Accordingly, we find that a genuine issue of material fact existed and that summary judgment was therefore inappropriate.

Section 2-1005(c) permits summary judgment despite a factual dispute when the disputed fact is immaterial to the outcome.

Montgomery v. Petty Management Corp. · filed 2001-06-22(c)

The judgment sought shall be rendered without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2—1005(c) (West 2000). ... It is disputed as to whether Holmes was actually on the clock when the altercation occurred. Whether Holmes was on the clock is irrelevant. ... Accordingly, the trial court’s grant of defendant’s motion for summary judgment on the count alleging respondeat superior is affirmed.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Parker v. House O'Lite Corp. · filed 2001-08-22(c)

Parker has raised a triable issue of fact with respect to whether Larson abused the conditional privilege which otherwise protects her letters. We hold the trial coxirt erred in granting the defendant’s motion for summary judgment.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Warren v. Burris · filed 2001-10-23(c)

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits demonstrate no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. ... Thus, we find a genuine issue of material fact exists.

Section 5/2-1005(c) does not permit summary judgment when a genuine issue of material fact remains, including whether a plaintiff’s reliance was justified.

Schrager v. North Community Bank · filed 2002-01-14(c)

We conclude that whether Schrager’s reliance on defendants’ statements was justified is a question of fact sufficient to survive summary judgment.

Section 2-1005(c) permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Wolfram Partnership, Ltd. v. LaSalle National Bank · filed 2002-03-20(c)

Summary judgment is proper only where the pleadings, depositions, and admissions on file, together with any affidavits, present no genuine issue of material fact and show that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005(c) (West 1998). ... Based on the record, we find a question of fact exists as to whether Wolfram exercised its option in accordance with the parties’ understanding.

Section 5/2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Happel v. Wal-Mart Stores, Inc. · filed 2002-03-21(c)

It is “a drastic means of disposing of litigation” (Espinoza, 165 Ill. 2d at 113) and therefore should be granted only when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law” (735 ILCS 5/2 — 1005(c) (West 2000)). ... Because we have concluded that Wal-Mart owed a narrow duty to warn in this case, there remains a genuine issue of material fact as to whether Wal-Mart breached this duty, and if so, whether this breach proximately caused Heidi’s injuries. Summary judgment therefore was improper.

Section 2-1005(c) precludes summary judgment when a genuine issue of material fact exists or resolving conflicting evidence would require a credibility determination.

Krautsack v. Anderson · filed 2002-03-29(c)

In the instant case, we believe that Anderson’s March 1998 e-mail alone creates numerous genuine issues of material fact, discussed more fully below, that were sufficient to preclude summary judgment on both Krautsack’s consumer fraud and breach of contract claims. We also find that the trial court, in granting summary judgment, would have had to make credibility determinations where the evidence was contradictory; a matter that the trial court cannot resolve in ruling on a motion for summary judgment.

Section 2-1005(c) precludes summary judgment when genuine issues of material fact remain.

Coughlin v. Gustafson · filed 2002-06-21(c)

Accordingly, we find that there are genuine issues of fact on plaintiffs’ negligence action which preclude summary judgment.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Friedman v. City of Chicago · filed 2002-09-06(c)

A court will grant summary judgment when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. ... We find that these questions go toward whether the defendants breached their duty of reasonable care and should be left to a jury.

Summary judgment is proper only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Banco Popular v. Beneficial Systems, Inc. · filed 2002-11-04(c)

In the instant case, summary judgment would have been proper only if the pleadings, depositions and admissions on record, together with any affidavits, had shown that there was no genuine issue as to any material fact and that Marsha, BPT and BPM, as the moving parties, were entitled to judgment as a matter of law. ... We agree with BSI and conclude that summary judgment was improper.

Section 5/2-1005(c) does not permit summary judgment when the evidence raises a genuine issue of material fact.

Medow v. Flavin · filed 2002-11-27(c)

Viewing the evidence in the light most favorable to Medow (Watkins, 172 Ill. 2d at 203), we find a genuine issue of fact has been raised as to whether Flavin told a Della Femina representative on August 26 that Medow was terminated for theft. Summary judgment was therefore improperly entered on count I of the complaint. 735 ILCS 5/2 — 1005 (West 2000).

Section 2-1005(c) does not permit summary judgment when a genuine issue of material fact remains.

Perri v. Furama Restaurant, Inc. · filed 2002-11-27(c)

Because proximate cause presents a genuine issue of material fact, summary judgment was not appropriate on this basis. 735 ILCS 5/2 — 1005(c) (West 2000).

Section 2-1005(c) permits summary judgment when the plaintiff fails to establish a genuine issue of material fact.

Hadley v. Snyder · filed 2002-11-27(c)

Summary judgment is proper when the plaintiff fails to establish a genuine issue of material fact. ... With regard to the summary judgment motion, when construing the evidence in the light most favorable to Hadley, the trial court did not err by granting summary judgment to the defendants.

Section 5/2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Hart v. Boehmer Chevrolet Sales, Inc. · filed 2003-04-03(c)

Summary judgment is properly granted if the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmovant, reveal that there exists no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2000); Stone v. Clifford Chrysler-Plymouth, Inc., 333 Ill. App. 3d 363, 367 (2002). ... We conclude that summary judgment on the common-law fraud count was inappropriate.

Section 5/2-1005(c) permits summary judgment only when no genuine issue of material fact remains; disputed facts or reasonable competing inferences require trial.

Monts Ex Rel. Monts v. ILL. HIGH SCHOOL · filed 2003-04-30(c)

When faced with a motion for summary judgment, the trial court must grant a judgment when the pleadings, depositions, and affidavits on file show no genuine issue as to any material fact. 735 ILCS 5/2-1005(c) (West 2000). A triable issue of fact exists where there is a dispute as to a material fact or where, although the facts are not in dispute, reasonable minds might differ in drawing inferences from those facts. ... Here, we find the trial court erred in granting summary judgment. We find there were material facts in dispute as to when and how the Montses made the decision that Isaac would attend Pontiac.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists; an expert opinion without factual support does not create one.

Board of Education, Pleasantdale School District No. 107 v. Village of Burr Ridge · filed 2003-06-30(c)

A motion for summary judgment should be granted only when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1998). ... In the instant case, the facts did not support the Village expert’s opinion testimony that four statutory blight conditions existed on the Subject Property.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Shaughnessy v. Skender Construction Co. · filed 2003-07-21(c)

Summary judgment is appropriate only where the pleadings, depositions, admissions and affidavits show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ... Because plaintiff fails to raise a fact question on whether Skender or Garbe exerted sufficient control over Ketler to be held hable, the trial court properly determined that no material facts were at issue and properly awarded summary judgment to defendants.

Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Pekin Insurance v. Adams · filed 2003-08-26(c)

Viewing the pleadings, depositions, admissions, and affidavits in a light most favorable to the nonmoving party, we ask whether they reveal any "genuine issue as to any material fact." 735 ILCS 5/2-1005(c) (West 2002); Warren, 325 Ill. App.3d at 602, 259 Ill.Dec. 481, 758 N.E.2d at 892. ... We find genuine issues of material fact relating to estoppel and materiality.

Section 2-1005(c) does not permit summary judgment when conflicting affidavits raise a genuine issue of material fact.

Progressive Insurance v. Universal Casualty Co. · filed 2004-03-15(c)

Summary judgment is properly granted where the pleadings, depositions, admissions and affidavits show there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2002). ... Accordingly, because the conflicting affidavits in this case raised an issue of fact regarding whether Universal had actual notice that the lawsuit was filed, and actual notice is vital to an assertion that a party be estopped from raising policy defenses, such as those raised by Universal here, summary judgment should not have been granted.

A factual dispute does not preclude summary judgment when the disputed fact is immaterial to the outcome.

DiLorenzo v. Valve and Primer Corp. · filed 2004-03-19(c)

We find that no factual issue regarding the authenticity of the corporate minutes is material and, therefore, could not have operated to preclude the entry of summary judgment in the case below because of our finding of lack of consideration for the option itself.

Section 2-1005(c) permits summary judgment despite a factual dispute when the disputed fact is immaterial to the outcome.

State Farm Fire & Casualty Co. v. Kiszkan · filed 2004-02-17(c)

Although the responsibility for the misrepresentation is clearly disputed, the real question is whether the dispute is material to the issue of coverage under the PLUP. ... The question of coverage turns not on which side has the more credible explanation for the misrepresentation regarding Matricard being related to Kiszkan, but on the terms of the PLUP itself.

Section 2-1005(c) does not permit summary judgment when a genuine issue of material fact remains; the court may not weigh competing expert opinions to resolve that issue.

Kleiss v. Bozdech · filed 2004-06-09(c)

After reviewing the affidavits and depositions filed in this case in accordance with the standards and considerations set forth above, we conclude that (1) the trial court erred by weighing the evidence and granting summary judgment in favor of Bozdech (whose evidence the court found more persuasive); and (2) a genuine issue of material fact exists as to whether Bozdech's spraying of 2,4-D caused crop damage at Kleiss Farms.

Section 2-1005 does not permit summary judgment when factual questions remain about whether warranty repairs were completed within a reasonable time or number of attempts.

Pearson v. DaimlerChrysler Corp. · filed 2004-07-22

Summary judgment will be granted when the pleadings, depositions, exhibits, and affidavits on file reveal no genuine issue as to any material fact and establish that the moving party is entitled to judgment as a matter of law. ... Questions of fact remain, however, regarding whether the repairs were made within a reasonable time or within a reasonable number of attempts. ... The circuit court erred in granting summary judgment in favor of defendant on the breach of express warranty claim.

Section 2-1005(c) permits summary judgment despite a factual dispute when that fact is immaterial to the legal issue being decided.

Village of Chatham v. County of Sangamon · filed 2004-08-11(c)

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits, if any, show no genuine issues as to any material fact, and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2002); Netsch, 166 Ill.2d at 176, 209 Ill.Dec. 657, 651 N.E.2d at 1110. ... We find no dispute as to this issue; this factual issue is not material to the ultimate legal issue presented in the Village's complaint.

Section 2-1005(c) precludes summary judgment when the complaint and deposition testimony present a genuine issue of material fact.

Hahn v. Union Pacific Railroad · filed 2004-09-24(c)

The complaint, together with the deposition testimony in the record, demonstrates that a genuine issue of material fact exists and that a summary judgment was improper. See 735 ILCS 5/2—1005(c) (West 2002).

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists, even if both parties move for it.

Sloan Electric v. Professional Realty & Development Corp. · filed 2004-11-08(c)

Summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2002). ... As discussed, even if the parties file cross-motions for summary judgment, judgment should not be entered in either party’s favor if a genuine issue of material fact exists. State Farm Insurance Co., 332 Ill. App. 3d at 36. Here, there were significant disputed issues of fact relating to damages, and the arbitrator’s failure to hold an evidentiary hearing on the matter constituted a gross error of law.

Section 2-1005 precludes summary judgment when the record leaves a genuine factual dispute about a worker’s employment status.

Novakovic v. Samutin · filed 2004-11-12

Summary judgment is appropriate only where the pleadings, depositions, and admissions on file, together with any affidavits and exhibits, indicate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005 (West 2002); Morris, 197 Ill. 2d at 35. ... Based on the foregoing analysis, we conclude that genuine issues of material fact remained as to Samutin’s status as an employee of Guaranteed and that Guaranteed’s right to summary judgment was not clear and free from doubt on that issue.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; immaterial factual differences do not preclude it.

Rogers v. Reagan · filed 2005-01-25(c)

Summary judgment is appropriate only where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2002). ... Although there are differences in the parties’ accounts of the incident, we find none of these inconsistencies is so material as to preclude summary judgment.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists, and speculation alone cannot create one.

Tzakis v. Dominick's Finer Foods, Inc. · filed 2005-03-24(c)

Such speculation is simply not enough to create a genuine issue of material fact sufficient to survive a motion for summary judgment.

Section 2-1005 precludes summary judgment when material facts are disputed.

Turner v. 1212 S. Michigan Partnership · filed 2005-01-31

Reviewing this portion of the motion to dismiss as a section 2 — 1005 summary judgment motion, we find material disputed facts that should have precluded judgment below.

Section 2-1005 requires competent admissible evidence to establish a material factual dispute that can defeat summary judgment.

Klebba v. O'Connor · filed 2005-07-14

Summary judgment is appropriate only where the pleadings, depositions, and admissions on file, together with any affidavits and exhibits, indicate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. ... As such, we find that there is no competent admissible evidence which can establish a material issue of fact which could have overcome the presumption that Phillips revoked the 1987 Will. Consequently, the trial court’s decision to grant summary judgment was proper.

Section 2-1005(c) precludes summary judgment when testimony raises a genuine factual dispute over whether a shooting was accidental.

Metropolitan Property & Casualty Insurance v. Pittington · filed 2005-12-23(c)

Summary judgment is appropriate when the pleadings, depositions, affidavits, and admissions show that there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2000); Largosa v. Ford Motor Co., 303 Ill. App. 3d 751, 708 N.E.2d 1219 (1999). ... Certainly, absent any testimony from Pittington, this testimony is sufficient to raise a genuine issue of material fact regarding the nature of this shooting. As such, summary judgment is simply not appropriate.

Section 2-1005(c) does not permit summary judgment when the movant’s evidence leaves a genuine issue of material fact, even if the opposing party does not contradict it.

MC Baldwin Financial Co. v. DiMaggio, ROSARIO & VERAJA, LLC · filed 2006-02-27(c)

Because it is not clear, even when viewing the DiMaggio affidavit as true, that Baldwin was entitled to recoup any amount of money from DiMaggio, summary judgment was inappropriate. Abrams, 211 Ill. 2d at 257, 811 N.E.2d at 674; 735 ILCS 5/2 — 1005(c) (West 2004).

Section 2-1005(c) precludes summary judgment when a jury could find that an employee acted within the scope of employment.

Bagent v. Blessing Care Corp. · filed 2006-03-03(c)

"Summary judgment is proper if, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file demonstrate that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Illinois State Chamber of Commerce v. Filan, 216 Ill.2d 653, 661, 297 Ill.Dec. 471, 837 N.E.2d 922, 928 (2005), citing 735 ILCS 5/2-1005(c) (West 2004). ... We find the same question of fact in this appeal. The jury should decide whether Young acted within the scope of her employment when disclosing the confidential medical information.

Section 2-1005(c) precludes summary judgment when a genuine factual dispute remains over whether a road became public.

City of Des Plaines v. Redella · filed 2006-03-28(c)

Summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits on file, when taken in the light most favorable to the nonmovant, show there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2002); Midland Properties Co. v. Acme Refining Co., 361 Ill. App. 3d 180, 183, 836 N.E.2d 95, 98 (2005). ... We conclude the City was not entitled to summary judgment as a matter of law because genuine issues of material fact remain as to whether Trailside Lane had become a public highway under section 2 — 202 of the Code.

Section 2-1005(c) precludes summary judgment when factual disputes remain over whether an emergency exception applies.

Moriarity v. Rockford Health Systems, Inc. · filed 2006-05-02(c)

Summary judgment is appropriate where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2002). ... Because there exist genuine issues of material fact regarding the applicability of the emergency exception to the informed consent rule, we hold that Dr. Proust's deposition testimony does not demonstrate the applicability of the emergency exception.

Section 2-1005(c) precludes summary judgment when material facts remain disputed over entitlement to possession and control of property.

Chicago Transit Authority v. Clear Channel Outdoor, Inc. · filed 2006-05-17(c)

Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits reveal there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... We believe there remains a genuine issue of material fact regarding whether the CTA is entitled to possession and control of the Agreement 3 and 4 billboards.

Section 2-1005(c) permits summary judgment when the plaintiff offers only conclusions unsupported by admissible facts, leaving no genuine issue of material fact.

Vega v. NORTHEAST ILL. REG. COMMUTER RR · filed 2007-02-13(c)

Where a plaintiff offers only conclusions that are unsupported by facts admissible in evidence, there is not a genuine issue of material fact to preclude summary judgment.

Section 5/2-1005(c) permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Thede v. Kapsas · filed 2008-10-21(c)

Summary judgment is available to a defendant “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2006). ... There is no genuine issue of material fact regarding the actual employment relationship between Kapsas and Community General Hospital, nor is there evidence supporting an argument that Kapsas was acting as an independent physician when Thede was in her care. The trial court correctly granted summary judgment in Kapsas’s favor.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact; unsupported conclusions do not create one.

Village of Montgomery v. Aurora Township · filed 2008-12-10(c)

Summary judgment is appropriate where the pleadings, affidavits, depositions, and admissions on file show that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2006). ... In view of the uncontroverted evidence presented by Aurora and Montgomery that the bridge is not within their corporate boundaries, the IDOT exhibits offered by the Commissioner failed to raise a genuine issue of material fact as to jurisdiction over the bridge.

Section 2-1005(c) permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Zuccolo v. Hannah Marine Corp. · filed 2008-12-16(c)

Summary judgment is a drastic means of disposing of litigation and should only be employed where the pleadings and evidentiary material in the record, when viewed in a light most favorable the nonmovant, show that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. ... Consequently, we believe that a disputed question of fact as to Hannah Marine’s motivation in terminating the plaintiff still remains, thereby precluding summary judgment.

Summary judgment is improper when reasonable people may draw differing inferences from undisputed material facts.

Myoda Computer Ctr. v. American Family Mut. · filed 2009-03-31(c)

Summary judgment is proper where, after viewing the pleadings, depositions, admissions, and affidavits on file in the light most favorable to the nonmoving party, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ... Because it is clear that reasonable people may have differing inferences on the undisputed facts in this case, we find that American Family was not entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; differing reasonable inferences from undisputed facts preclude it.

Myoda Computer Center, Inc. v. American Family Mutual Insurance · filed 2009-03-31(c)

Summary judgment is proper where, after viewing the pleadings, depositions, admissions, and affidavits on file in the light most favorable to the nonmoving party, there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ... Because it is clear that reasonable people may have differing inferences on the undisputed facts in this case, we find that American Family was not entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when the evidence, viewed in the nonmovant’s favor, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Hartz Const. Co., Inc. v. Village of Western Springs · filed 2009-05-04(c)

Summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits on file, when taken in the light most favorable to the nonmovant, show there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2002); Midland Properties Co. v. Acme Refining Co., 361 Ill. App. 3d 180, 183, 836 N.E.2d 95 (2005). ... In this case, the record reflects no genuine issues of material fact remained to preclude the trial court from entering a judgment as a matter of law.

Section 5/2-1005 precludes summary judgment when the record presents a genuine issue of material fact; a plaintiff needs a factual basis for the claim, not proof sufficient to win at trial.

Johnson v. WATERFRONT SERVICES CO. · filed 2009-05-28

A plaintiff need not prove his case to survive a summary judgment, but he must present some factual basis that would support his claim. Schrager, 328 Ill. App. 3d at 708, 767 N.E.2d at 385. The record reveals genuine issues of material fact that preclude a summary judgment.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Carroll v. Curry · filed 2009-06-26(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2006). ... Defendant did not come forth with any material facts placing these elements into contention. We, therefore, hold that the trial court properly granted summary judgment in plaintiffs favor.

Section 2-1005 permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Reasonable but divergent inferences from the evidence preclude judgment.

Mills v. McDUFFA · filed 2009-07-21

Summary judgment is appropriate only when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005 (West 2006); Ioerger, 232 Ill.2d at 201, 327 Ill. Dec. 524, 902 N.E.2d 645. ... Even though McDuffa has not submitted any documentation to controvert the information contained in Dr. Wight's letter, reasonable minds could draw divergent inferences from statements made in Dr. Wight's letter, precluding judgment as a matter of law to either party.

Section 2-1005(c) permits summary judgment only when the record, viewed in the nonmovant’s favor, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Jim Mullen Charitable Foundation v. World Ability Federation, NFP · filed 2009-10-23(c)

Summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits on file, when taken in the light most favorable to the nonmovant, show there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2006); Intersport, Inc. v. National Collegiate Athletic Ass’n, 381 Ill. App. 3d 312, 318, 885 N.E.2d 532 (2008). ... Given the record before us, we find the issue of whether the Department’s publication of notice in the Federal Register was “sufficiently public” to extend territorial protection of the mark from Washington, D.C., to Illinois constitutes an unresolved question of material fact, rendering summary judgment on that basis inappropriate.

Section 2-1005(c) requires denial of summary judgment when the agreed facts are insufficient to resolve a material issue.

Citizens National Bank v. Kids Hope United, Inc. · filed 2009-12-17(c)

Summary judgment is proper where the pleadings, depositions, admissions, and affidavits on file, viewed in the light most favorable to the nonmoving party, reveal that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. ... We agree with the appellate court that the agreed statement of facts was insufficient to support summary judgment in favor of the Bank regarding the Davis trust.

Section 2-1005(c) precludes summary judgment when reasonable competing inferences create a genuine issue of material fact.

Evans v. Brown · filed 2010-03-23(c)

These alternative possible inferences (1) presented a genuine issue of material fact that precluded summary judgment and (2) negated the affirmative defense based upon an act of God because Romann's Stokes Adams attack was not the sole and proximate cause of the collision.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the movant is entitled to judgment as a matter of law.

Berglind v. Paintball Business Ass'n · filed 2010-05-28(c)

Summary judgment is properly granted where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2004); Robidoux v. Oliphant, 201 Ill. 2d 324, 335 (2002). ... There are still questions of fact that remain to be decided as to the issue of late notice of occurrence so that granting summary judgment in favor of Northland and ILM was not proper.

Section 5/2-1005 permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

American Service Insurance v. China Ocean Shipping Co. (Americas), Inc. · filed 2010-06-16

Summary judgment is appropriate when the pleadings, depositions, and other evidence reveal that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005 (West 2004). ... Therefore, a question of fact exists as to whether Interpool Titling Trust, as assignee of Trac Lease, Inc., is a named additional insured under the ASI policy.

Section 2-1005 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

American Service Insurance Company v. China Ocean Shipping Company · filed 2010-06-16

Summary judgment is appropriate when the pleadings, depositions, and other evidence reveal that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005 (West 2004). ... Therefore, a question of fact exists as to whether Interpool Titling Trust, as assignee of Trac Lease, Inc., is a named additional insured under the ASI policy.

Section 5/2-1005 permits summary judgment when unresolved factual questions are immaterial to the outcome.

FRITZSCHE v. LaPlante · filed 2010-03-31

Summary judgment is precluded where material questions of fact remain. 735 ILCS 5/2 — 1005 (West 2006). Questions concerning whether Christine retained her position as secretary/treasurer and as POA were not material because, as a matter of law, Christine would not have had the authority to lease the corporate properties without Board approval even if she had retained those positions.

Section 2-1005(c) does not permit summary judgment when a genuine issue of material fact remains.

JPMorgan Chase Bank, N.A. v. Earth Foods, Inc. · filed 2010-10-21(c)

Because genuine issues of material fact remain over whether the parties intended that DeFranco stand as a surety or guarantor under his agreement with the Bank, we hold that the circuit court erroneously entered summary judgment in favor of the Bank.

Section 5/2-1005(c) does not permit summary judgment on scope of employment when a reasonable person could find that the employee was acting within that scope.

Rodman v. CSX Intermodal, Inc. · filed 2010-11-05(c)

Therefore, we find that summary judgment was inappropriate on the facts of this case. We simply cannot say that no reasonable person could conclude as a matter of law that Wielgosiak was not acting within the course of employment.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Alqadhi v. Standard Parking, Inc. · filed 2010-11-05(c)

Summary judgment is proper where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2000). ... We cannot characterize this case as one where there is "no dispute about the physical nature of the condition."

Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Torf v. Chicago Transit Authority · filed 2010-11-12(c)

In the absence of such testimony, we conclude that it was improper to determine as a matter of law that the contact either of these individuals made with plaintiff was a battery. Accordingly, entry of summary judgment was improper.

Section 2-1005(c) permits summary judgment when the evidence, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Vilardo v. Barrington Community School District 220 · filed 2010-12-20(c)

Summary judgment is appropriate where the pleadings, affidavits, depositions, and admissions on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. ... Defendant was entitled to summary judgment on the willful-and-wanton-conduct claim because there was no genuine issue of material fact as to whether defendant’s lack of knowledge regarding the allegedly defective net was reckless.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

A. Epstein & Sons International, Inc. v. Eppstein Uhen Architects, Inc. · filed 2011-01-11(c)

Summary judgment is proper where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2—1005(c) (West 2008). ... This is a genuine issue of material fact that precludes summary judgment.

Section 2-1005(c) allows summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Newell v. Newell · filed 2011-01-27(c)

Summary judgment should be granted only where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2006). ... Given the disputed allegations, there is a question of fact concerning whether Jarred should have discovered the unauthorized withdrawal of funds from the saving account before the fall of 2005.

Section 2-1005(c) does not permit summary judgment when material facts remain in dispute.

First Chicago Insurance v. Molda · filed 2011-03-29(c)

As a result, there are material questions of fact that need to be decided which would defeat a motion for summary judgment.

Section 2-1005(c) precludes summary judgment when genuine factual disputes concern proximate cause and constructive notice.

Newsom-Bogan v. WENDY'S, INC. · filed 2011-06-24(c)

Both of these issues are "genuine" since they determine the elements of proximate cause and constructive notice. 735 ILCS 5/2-1005(c) (West 2008). Thus, summary judgment in this case is not appropriate and reversal of the trial court is warranted.

Section 2-1005(c) permits summary judgment when the record, viewed in the light most favorable to the nonmovant, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Atherton v. CONNECTICUT GENERAL LIFE INS. · filed 2011-08-22(c)

Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with any affidavits and exhibits, when viewed in the light most favorable to the nonmovant, show that no genuine issues of material fact exist and that the moving party is entitled to judgment as a matter of law. ... In sum, a genuine issue of material fact exists as to whether defendants were in privity with QCHP in the earlier Pulaski County suit, precluding summary judgment on the basis of res judicata.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Brame v. City of North Chicago · filed 2011-09-06(c)

We further find that genuine issues of material fact remain as to whether plaintiff had a reasonable belief that a crime had been committed or whether plaintiff's shift change was a retaliatory adverse employment action. ... Summary judgment is appropriate if the pleadings, depositions, and admissions on file show there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2010).