735 Ill. Comp. Stat. § 5/2-1005

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.

Hornacek v. 5th Ave. Property Management · filed 2011-09-30(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 judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2008). ... In this case, after construing the pleadings liberally in favor of Hornacek, the nonmovant, we hold she has presented sufficient evidence to withstand both defendants' motions for summary judgment.

Summary judgment requires no genuine issue of material fact and entitlement to judgment as a matter of law.

Ahle v. D. Chandler, Inc. · filed 2012-03-23(c)

On review, a trial court's decision to grant summary judgment will be affirmed only if the reviewing court concludes that there is no genuine issue of material fact and the movant is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2008); Williams v. Manchester, 228 Ill.2d 404, 417, 320 Ill.Dec. 784, 888 N.E.2d 1, 8-9 (2008). ... Under these circumstances, there is a genuine issue of material fact as to whether or not estoppel applies, and, thus, the trial court erred in entering summary judgment in favor of defendant.

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

Stark Excavating v. Carter Const. Services · filed 2012-03-28(c)

Summary judgment is appropriate when the pleadings, depositions, and admissions, together with any affidavits, show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2010). ... Based on the evidence in the record, a trier of fact could find Stark should be paid for the winter protection work. Therefore, the trial court erred in granting Carter's motion for summary judgment.

Section 2-1005(c) permits summary judgment only when the evidence, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and entitles the moving party to judgment as a matter of law.

Perez v. Sunbelt Rentals, Inc. · filed 2012-04-09(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 2008). ... Accordingly, we conclude that a genuine issue of material fact remains regarding whether the removal of the guard gate was reasonably foreseeable. Therefore, we reverse the judgment of the trial court and remand the matter.

Section 2-1005(c) does not permit summary judgment when material facts concerning an insurer’s implied waiver of policy cancellation remain disputed.

Edwards v. State Farm Insurance Company · filed 2012-05-29(c)

Whether or not State Farm can be found to have impliedly waived its written cancellation is, at least in part, a question of fact that should be resolved by trial. Therefore, we reverse the circuit court’s order granting plaintiff’s motion for summary judgment.

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.

Foreman v. Gunite · filed 2012-06-08

Summary judgment is proper 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 (West 2000). ... We conclude that plaintiff’s complaint presented a triable issue of fact and, consequently, we reverse the trial court’s order granting summary judgment in favor of defendant.

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

Stendera v. State Farm · filed 2012-06-15(c)

Summary judgment is only 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.” ... Whether or not plaintiffs actually spent more than the $30,837.61 claimed by defendant is a genuine issue of material fact precluding summary judgment, as that figure must be determined to conclude whether or not plaintiffs have received a windfall.

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

In re Estate of Harn · filed 2012-07-03(c)

In the present case, the evidence presented in the summary-judgment proceeding was sufficient to create a genuine issue of material fact as to decedent’s testamentary capacity to make the 2004 will. ... Summary judgment, therefore, should not have been granted.

Section 2-1005 does not permit summary judgment when a genuine issue of material fact remains about whether a security agreement authorized the creditor to take the debtor’s property.

Schafer v. UnionBank/Central · filed 2012-07-18

Given that there is a genuine issue of material fact as to whether the CSA, in fact, authorized the Bank’s actions in taking possession of the Schafers’ personal property, we find that summary judgment was not appropriate.

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.

American Country Insurance Co. v. Chicago Carriage Cab Corp. · filed 2012-08-17(c)

Summary judgment is appropriate when “the pleadings, depositions, and admissions on file, together with 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). ... There is no evidence in the record of this case to refute that testimony to create a factual issue. ... The crime takes this case out of the purview of coverage and summary judgment against Williams must be affirmed.

Section 2-1005(c) does not permit partial summary judgment when the court recognizes unresolved facts material to its decision.

In re Marriage of Maurice B.H. · filed 2012-10-03(c)

Summary judgment is appropriate 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 2010). ... The record shows that the trial judge not only believed triable issues of fact existed, but she ordered a trial to determine whether physical custody of the child should be transferred to Maurice in fact. ... While recognizing the unusual procedural posture of the case, we conclude that the circuit court erred in entering a retroactive partial summary judgment on the custody of the child and shifting the burden of proof to Gatanya to regain custody in a future trial.

Section 2-1005(c) precludes summary judgment when the evidence, viewed in the nonmoving party’s favor, leaves a genuine issue of material fact.

Irvington Elevator Company v. Heser · filed 2012-10-24(c)

After reviewing the pleadings, discovery materials, affidavits, admissions, and permissible inferences and analyzing them in the light most favorable to plaintiff, it is clear that reasonable minds could disagree as to whether defendants assented to the timing and the method of plaintiff’s delivery of confirmation statements on the parties’ oral contracts. Accordingly, we find the trial court erred in entering summary judgment in defendants’ favor.

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.

Murray v. Poani · filed 2012-12-14(c)

Summary judgment may 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 2010). ... In sum, as factual disputes exist as to (1) Officer Poani’s level of involvement in the repossession and (2) whether he exceeded his role as a peacekeeper, the trial court improperly granted summary judgment.

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

The City of Decatur, Illinois v. Ballinger · filed 2013-04-16(c)

A grant of summary judgment is only 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. ... Accordingly, we conclude Ballinger has not raised any material questions of fact that would preclude the entry of summary judgment in case 189.

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.

Frezados v. Ingalls Memorial Hospital · filed 2013-06-05(c)

Summary judgment is proper when the pleadings, depositions, and affidavits demonstrate that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. ... Because we conclude that plaintiff has failed to raise a factual question as to the “holding out” element of his cause of action, we need not determine whether there is evidence going to show plaintiff’s justifiable reliance.

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.

Nava v. Sears, Roebuck and Company · filed 2013-07-29(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 2010). ... Thus, we conclude that the plaintiff has created at least a genuine issue of material fact as to each of the elements of his claim under the Act.

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.

Cross v. O'Heir · filed 2013-08-02(c)

Summary judgment is appropriate 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. ... O’Heir provided no evidence that Sarris intended for the easement to be over O’Heir’s property. ... Thus, the trial court properly granted summary judgment on O’Heir’s easement claim.

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

Springborn v. The Village of Sugar Grove · filed 2013-09-25(c)

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(c) (West 2012). ... Applying section 10(b) as construed in Gaffney, we note that the affidavits, depositions, and hearing testimony submitted by the parties do not disclose any issue of material fact in either case before us. The parties draw conflicting inferences from those facts, but on the material points the only reasonable inferences are drawn by Springborn and Cecala.

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

Danhauer v. Danhauer · filed 2014-02-03

Summary judgment is appropriate where the pleadings, depositions, admissions, affidavits and exhibits submitted to the trial court reveal that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. ... Without any evidence from the decedent himself that he mistakenly changed the IRA beneficiary during the 2008 account transfer, a genuine issue of material fact remained as to whether the mistake was mutual.

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 entitles the movant to judgment as a matter of law.

Wells v. Colonial Heights Recreation Center, Inc. · filed 2014-03-05(c)

Summary judgment should be granted only where the pleadings, depositions, admissions and affidavits on file, viewed in a light most favorable to the nonmovant, demonstrate 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). ... Viewing the pleadings, depositions, admissions and affidavits on file in a light most favorable to plaintiff, we conclude there was sufficient evidence demonstrating a question of material fact as to plaintiff’s negligence claim which precluded summary judgment.

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

Cityline Construction Fire and Water Restoration, Inc. v. Roberts · filed 2014-04-30(c)

Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ... We note that whether all of the subcontractors have actually been paid is an issue of fact that should not be resolved by this court. Regardless, it is not a material issue of fact because Cityline did not provide the required sworn contractor’s statement.

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.

527 S. Clinton, LLC v. Westloop Equities, LLC · filed 2014-05-01(c)

Summary judgment is a drastic means of disposing litigation 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 2010); Happel v. Wal-Mart Stores, Inc., 199 Ill. 2d 179, 185-86 (2002). ... We disagree with the circuit court that the defendant’s evidence was merely speculative as the evidence presented raises factual issues regarding whether the 2010 plan was a substantial change and whether it would harm the defendant such that the proposed change should not be allowed. Such factual questions should not be determined as a matter of law in a summary judgment motion.

Summary judgment is improper when the evidence permits reasonable people to disagree about whether the defendant's conduct proximately caused the injury.

Bell v. Bakus · filed 2014-08-05(c)

Accordingly, we hold Bell presented sufficient evidence that the placement of the stove could have proximately caused his injuries to defeat defendants' summary judgment motion.

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.

Bell v. Bakus · filed 2014-10-01(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 2012). ... Accordingly, we hold Bell presented sufficient evidence that the placement of the stove could have proximately caused his injuries to defeat defendants’ summary judgment motion.

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.

Rucker v. Rucker · filed 2014-11-26

Summary judgment is proper 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 (West 2010). ... The record supports the trial court's conclusion that plaintiff's claims for breach of fiduciary duty and negligence presented genuine issues of material fact sufficient to deny Willie's motion for summary judgment.

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.

Rucker v. Rucker · filed 2015-01-27

Summary judgment is proper 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 (West 2010). ... The record supports the trial court’s conclusion that plaintiff’s claims for breach of fiduciary duty and negligence presented genuine issues of material fact sufficient to deny Willie’s motion for summary judgment.

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

PNC Bank v. Zubel · filed 2015-02-10(c)

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 a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2010). ... We further find that Zubel’s filings did not give rise to any genuine issues of material fact regarding her default and therefore conclude that the circuit court properly granted PNC’s motion for summary judgment.

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

North Community Bank v. 17011 South Park Ave, LLC · filed 2015-03-16(c)

Accordingly, there was no genuine issue of material fact preventing the granting of summary judgment in favor Plaza Bank.

Section 2-1005(c) requires a trial on damages when the evidence leaves a genuine issue of material fact about the amount of loss.

Barba v. The Village of Bensenville · filed 2015-03-25(c)

Summary judgment will be granted “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 a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2010). ... This is a genuine issue of material fact and we remand the cause for a trial on damages.

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.

Barba v. The Village of Bensenville · filed 2015-05-19(c)

Summary judgment will be granted “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 a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2010). ... This is a genuine issue of material fact and we remand the cause for a trial on 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.

Construction Systems, Inc. v. Fagelhaber, LLC · filed 2015-06-30(c)

Summary judgment is appropriate when the pleadings, depositions, and admissions on file, together with any affidavits, show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. ... There is, at a minimum, a genuine issue of material fact on this point.

Section 5/2-1005(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.

Magnini v. Centegra Health Systems · filed 2015-08-07(c)

We review the trial court’s grant of summary judgment de novo (Williams v. Manchester, 228 Ill. 2d 404, 417 (2008)), keeping in mind that summary judgment is only appropriate where “there is no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2012). ... For all the reasons discussed above, this control is insufficient to create an agency relationship between Dr. Heydari and Centegra or to give rise to any genuine issue of material fact that would preclude summary judgment in Centegra’s favor.

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.

Construction Systems, Inc. v. Fagelhaber, LLC · filed 2015-08-19(c)

Summary judgment is appropriate when the pleadings, depositions, and admissions on file, together with any affidavits, show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. ... There is, at a minimum, a genuine issue of material fact on this point.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains.

Griffin v. Cohen · filed 2015-10-01(c)

Section 2-1005(c) of the Code of Civil Procedure provides that a party is entitled to summary judgment as a matter of law 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." 735 ILCS 5/2-1005(c) (West 2012). ... We find that Cohen and Jo-Co Pools failed to establish that there are no genuine issues of fact remaining. Therefore, we reverse the judgment of the circuit court of Randolph County.

Section 2-1005(c) permits summary judgment when the record establishes no genuine issue of material fact.

PennyMac Corp. v. Colley · filed 2015-12-15(c)

Because Colley failed to raise any genuine issue of material fact, the trial court’s grant of summary judgment in favor of PennyMac on its foreclosure claim was not in error.

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

Reed v. Country Place Apartments Moweaqua I, L.P. · filed 2016-03-22(c)

With regard to the defendants' alternative argument that even if, as we have concluded, the Act does not abrogate the common law claim for a premises defect, under the facts of this case, such a claim cannot survive the defendants' motion for summary judgment, we agree with the plaintiffs that this is a jury question, because genuine issues of material fact exist with regard to this claim, particularly as to whether the accumulation of ice was natural or unnatural.

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.

Libolt v. Wiender Circle, Inc. · filed 2016-05-11(c)

Summary judgment is proper when the pleadings, affidavits, depositions and admissions of record, construed strictly against the moving party, 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. 735 ILCS 5/2-1005(c) (West 2012). ... Because material facts in this case are disputed, the issue of proximate cause is inappropriate for summary judgment.

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

Reed v. Country Place Apartments Moweaqua I, L.P. · filed 2016-06-13(c)

With regard to the defendants' alternative argument that even if, as we have concluded, the Act does not abrogate the common-law claim for a premises defect, under the facts of this case, such a claim cannot survive the defendants' motion for summary judgment, we agree with the plaintiffs that this is a jury question, because genuine issues of material fact exist with regard to this claim, particularly as to whether the accumulation of ice was natural or unnatural.

Section 2-1005(c) does not permit summary judgment when a material factual issue requires resolution.

LM Insurance Corp. v. B&R Insurance Partners, LLC · filed 2016-12-13(c)

Whether B&R leased any of its employees goes to heart of whether B&R made any misrepresentations to LM, and it requires a factual determination that the trial court should not have resolved on 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.

Wells Fargo Bank, N.A. v. McCondichie · filed 2017-03-31(c)

Summary judgment is appropriate only “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 2014). ... Thus, our de novo review of the record reveals that plaintiff’s right to a judgment of possession is not clear and free from doubt as a question of material fact remains.

Summary judgment may be granted when no genuine issue of material fact remains about an agent’s authority.

Loncarevic and Associates, Inc. v. Stanley Foam Corporation · filed 2017-04-21(c)

No material question of fact exists that would preclude summary judgment in favor of plaintiff.

Section 5/2-1005(c) allows summary judgment when the evidence raises no genuine issue of material fact on an essential element of the claim.

Spencer v. Wayne · filed 2017-06-29(c)

Moreover, the trial court properly determined that the additional evidence, even if considered, was insufficient to defeat summary judgment, as the evidence did not raise a genuine issue as to whether Strenger’s negligence was the proximate cause of plaintiff’s fall.

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.

Barrett v. FA Group, LLC · filed 2017-11-02(c)

A trial court is permitted to grant summary judgment only “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 2014). ... However, our examination of the record shows that Nofal’s estimate of the depth of the pothole as half an inch was not “uncontradicted” or “undisputed.”

Section 2-1005(c) requires denial of summary judgment when evidence creates a genuine issue of material fact, including whether a property owner had constructive notice of a dangerous condition.

Linh Phung Hoang Nguyen v. Nhutam Lam · filed 2017-11-03(c)

The circuit court erred in granting defendants summary judgment because plaintiff presented sufficient evidence to show a genuine issue of material fact about whether defendants had constructive notice of the dangerous condition of the catch basin.

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; disputed facts that cannot affect the outcome do not prevent judgment.

Home Healthcare of Illinois, Inc. v. Jesk · filed 2017-11-27(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). ... It is clear from the parties’ briefs that contested issues of fact exist concerning who physically handed the $100,000 check to Ms. Sampang and whether Mr. Jesk failed to comply with paragraph 3 of the escrow agreement. 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 only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Ovnik v. Podolskey · filed 2017-12-18(c)

Summary judgment is proper 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. ... As such, the defendants’ invocation of the doctrine of res judicata as a bar to Kimberlee’s claims based upon the 2009 security deposit should not have been resolved against them in a summary judgment proceeding.

Section 2-1005(c) permits summary judgment only 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.

Quality Transportation Services, Inc. v. Mark Thompson Trucking, Inc. · filed 2018-02-05(c)

Summary judgment should be granted only where the pleadings, depositions, and admissions on file, together with any affidavits, when viewed in the light most favorable to the nonmoving party, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. ... Based on our de novo standard of review, when viewing the evidence in the light most favorable to the nonmovant, reasonable minds may differ as to whether MTT’s multiple and arguably separate contacts with USS violated the nonsolicitation provision of the agreement between QTS and MTT.

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.

Nguyen v. Lam · filed 2018-02-05(c)

Summary judgment is appropriate only when the “pleadings, depositions, and admissions on file, together with 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 2014). ... Construing the documents, testimony, and photographs strictly against defendants and in the light most favorable to plaintiff, we find that a genuine issue of fact exists concerning whether defendants had constructive notice of the dangerous condition.

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.

Barrett v. FA Group, LLC · filed 2018-02-05(c)

A trial court is permitted to grant summary judgment only “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 2014).

Section 5/2-1005(c) precludes summary judgment when a genuine issue of material fact remains.

McManus v. Richards · filed 2018-03-02(c)

After reviewing the record, including the affidavits and depositions of the parties and staff, we find a genuine issue of material fact exists such that summary judgment is precluded.

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.

GreenPoint Mortgage Funding, Inc. v. Hirt · filed 2018-04-30(c)

Summary judgment is proper 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 2014). ... A genuine issue of material fact exists as to whether Hirt received the required disclosures pursuant to TILA.

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.

Pennymac Corp. v. Jenkins · filed 2018-05-11(c)

Having already determined that the trial court did not abuse its discretion in allowing the complaint to be amended and having found that the notice/ demand strictly complied with the ... requirements of the Detainer Act, we find no genuine issue of material fact exists, rendering summary judgment proper.

Section 5/2-1005(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.

Coleman v. Provena Hospitals · filed 2018-05-14(c)

The purpose of a motion for summary judgment is to determine whether a genuine issue of material fact exists (People ex rel. Barsanti v. Scarpelli, 371 Ill. App. 3d 226, 231 (2007)), and 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 2016)).

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.

Coleman v. Provena Hospitals · filed 2018-06-15(c)

The purpose of a motion for summary judgment is to determine whether a genuine issue of material fact exists (People ex rel. Barsanti v. Scarpelli, 371 Ill. App. 3d 226, 231 (2007)), and 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 2016)). ... Thus, through Hawkins’ testimony, the plaintiff presented enough evidence to raise a genuine issue concerning cause in fact.

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.

Safeway Insurance Co. v. Ebijimi · filed 2018-09-10(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). ... For these reasons, we reverse the summary judgment ruling for Safeway and remand the case for further proceedings. Genuine issues of material fact exist on the affirmative defenses of estoppel and waiver.

Section 2-1005(c) permits summary judgment when undisputed facts support only one reasonable inference and the moving party is entitled to judgment as a matter of law.

Accettura v. Vacationland, Inc. · filed 2018-09-28(c)

However, where, as here, undisputed facts give rise to a single inference, summary judgment should be granted.

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.

Citibank, N.A. v. Busuioc · filed 2018-11-30

Section 2-1005 of the Code of Civil Procedure allows parties to receive judgment in their favor “if the pleadings, depositions, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005 (West 2016). ... After reviewing the record, there is no question of fact regarding the interest rate and per diem.

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.

Winters v. MIMG LII Arbors at Eastland, LLC · filed 2019-02-04(c)

Summary judgment is proper only if 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 2016). ... Accordingly, because there is no genuine issue of material fact, whether the snow pile was open and obvious is a question of law. Id. ... Therefore, under the four traditional duty factors, defendants did not owe a duty to plaintiff.

Section 2-1005(c) does not permit summary judgment when a genuine factual dispute remains over whether a landowner permitted pedestrians to use its property.

Epple v. LQ Management, LLC. · filed 2019-05-24(c)

A trial court is permitted to grant summary judgment only “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 2016). ... In the case at bar, there remain questions of fact concerning whether defendant permitted the use of its driveway by pedestrians to such an extent that those pedestrians became licensees under the permissive use exception. Accordingly, summary judgment should not have been granted in defendant’s favor on the issue.

Section 2-1005 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.

Bailey v. Graham Enterprises, Inc. · filed 2019-06-10

We hold that summary judgment in this case was inappropriate because the evidence contained in the record, construed strictly against the moving party and liberally in favor of the nonmoving party, presents a sufficient factual basis upon which a trier of fact could find in favor of plaintiff on the theory that defendants’ failure to maintain the painted handicap symbol resulted in a change to its slip-resistant composition, which made the symbol unreasonably slippery when wet and caused plaintiff’s injuries.

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.

People ex rel. Department of Human Rights v. Oakridge Nursing & Rehab Center · filed 2019-07-15(c)

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 a judgment as a matter of law.” ... Here, there is evidence the transfer may have been made for the fraudulent purpose of escaping Oakridge Center’s obligation to Holloway.

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

City of Centralia v. Garland · filed 2019-08-09

As a result, we reject the defendants’ argument that whether Lake Centralia lies within three miles of the City’s corporate limits constitutes a genuine issue of material fact that would defeat the City’s motion for summary judgment.

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.

Winston v. City of Chicago · filed 2019-08-16(c)

Summary judgment is proper only when the pleadings, depositions, affidavits, and other matters in the record establish that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. Id. § 2-1005(c). The record is construed strictly against the movant, and summary judgment is inappropriate if reasonable people could draw conflicting inferences from undisputed facts. ... In sum, we find that summary judgment for the City defendants was inappropriate.

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

State Farm Mutual Automobile Insurance Co. v. Bierman · filed 2019-09-10(c)

The genuine issue of material fact regarding whether Blake “reside[d] primarily” with Winnie on the date of the accident rendered summary judgment inappropriate.

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.

Alward v. Jacob Holding of Ontario L.L.C. · filed 2019-09-13(c)

Accordingly, we reverse the circuit court’s order denying plaintiff’s motion for summary judgment because there is no genuine issue of material fact where the quitclaim deed was ineffective in transferring either title to the property, or alternatively, plaintiff’s beneficial interest in the land trust.

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

Cook v. Village of Oak Park · filed 2019-11-19(c)

Summary judgment should not be granted unless the pleadings, depositions, and admissions on file, together with any affidavits, reveal that no genuine issue of material fact exists so that the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016); Monson v. City of Danville, 2018 IL 122486, ¶ 12. ... Accordingly, we conclude that the circuit court erred in granting summary judgment to the Village.

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.

Denver v. Leopardo Cos., Inc. · filed 2019-12-12(c)

Summary judgment is only 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 2016). ... The overwhelming evidence in the record shows that there is no genuine issue concerning the material fact that Poli began working at the site in April 2014—about three months after plaintiff’s injury.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact, including as to an element of a negligence claim.

Arteaga v. New Lee Wing Wah, Inc. · filed 2019-12-13(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 2018). ... Based on this undisputed evidence, Arteaga failed to raise a genuine issue of material fact as to the proximate cause of her daughter’s injuries.

Section 2-1005(c) requires denial of summary judgment when material facts permit reasonable competing inferences.

Direct Auto Insurance Co. v. Grigsby · filed 2020-01-28(c)

Summary judgment is appropriate where "there is no genuine issue as to any material fact and * * * the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) ... (West 2016). ... Although summary judgment may still be granted if the record is sufficiently clear it must be denied if the facts are susceptible to different inferences by fair-minded persons. ... A genuine issue of material fact remains regarding whether Kmieciak made material misrepresentations on his insurance application. Accordingly, the judgment in favor of DAIC on its cross-motion for summary judgment and denying defendants’ motion for summary judgment is reversed and this matter is remanded for further proceedings.

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

Bradley v. Direct Auto Insurance Co. · filed 2020-02-07

Section 2-1005 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1005 (West 2018)) provides for summary judgment when the pleadings, depositions, and admissions on file, together with any affidavits, show that there is no genuine issue as to any material fact such that the movant is entitled to judgment as a matter of law. ... We agree with Bradley that there are genuine issues of material fact as to whether Direct Auto’s conduct in the instant matter was deceptive or unfair under the Consumer Fraud Act such that entry of summary judgment in favor of Direct Auto was improper.

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.

Nationstar Mortgage, LLC v. Splant · filed 2020-03-24(c)

Summary judgment is proper where the pleadings, affidavits, depositions, and admissions of record, construed strictly against the moving party, 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. ... Thus, since the defendant did not file a counteraffidavit, she failed to establish a genuine issue of material fact, and the court properly granted the plaintiff’s motion for summary judgment.

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.

Bank of America, N.A. v. Key · filed 2020-03-31(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 2018). ... The affidavit, read in isolation, fails to create a material issue of genuine fact because it relies entirely on Key’s compliance with the second modification agreement.

Summary judgment is improper when a genuine issue of material fact remains.

Vega v. Harroun · filed 2020-04-17

There is at least a genuine issue of material fact whether the plaintiff has access to that key, which is located in a property now owned solely by the defendant. Thus, we reverse the dismissal of count II.

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.

Kim v. Hemingway House Condominium Ass'n · filed 2020-06-16(c)

We conclude that there existed a genuine issue of material fact as to whether the vote was taken at an open meeting and, thus, summary judgment should have been denied.

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.

Jackiewicz v. Village of Bolingbrook · filed 2020-06-17(c)

It is well established that these motions are granted only 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.” (Internal quotation marks omitted.) Newell, 406 Ill. App. 3d at 1049; 735 ILCS 5/2-1005(c) (West 2016). ... As a result, we conclude there are genuine issues of material fact that must be resolved in the trial court.

Section 2-1005 precludes summary judgment when a material fact, such as an employer’s motive for discharge, remains genuinely disputed.

Hubert v. Board of Education of the City of Chicago · filed 2020-06-29

If disputes as to material facts exist or if reasonable minds may differ with respect to the inferences drawn from the evidence, summary judgment may not be granted. ... Consequently, a disputed question of fact as to the Board of Education’s motivation in terminating Hubert still remains, thereby precluding summary judgment.

Section 5/2-1005(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.

Bramlett v. Vandersand · filed 2020-07-09(c)

Summary judgment is appropriate when the pleadings, depositions, and admissions on file, together with any affidavits, 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 2012). ... Decedent’s admissions create a genuine issue of material fact regarding decedent’s negligence. Thus, the circuit court erred in granting a summary judgment in favor of defendant.

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.

Thomas v. Walden · filed 2020-07-28(c)

Summary judgment is proper “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 the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... We hold that there are no genuine issues of material fact as to whether Walden was within the scope of his employment with Will County. Ergo, the circuit court did not err by granting summary judgment in favor of Walden.

Section 2-1005(c) precludes summary judgment when a genuine dispute about a party’s intent remains.

Stevenson v. Sharma · filed 2020-08-14(c)

As summary judgment must be reserved for cases in which there is no question of material fact (735 ILCS 5/2–1005(c) (West 2018)), it generally should not be used when a party’s intent is a central issue in the case (Schroeder v. Winyard, 375 Ill. App. 3d 358, 368 (2007)). ... In other words, we conclude that there is a genuine issue of material fact as to whether the plaintiff intended to deceive by failing to disclose this cause of action.

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.

Hill v. City of Chicago · filed 2020-09-02(c)

Summary judgment is appropriate where the pleadings, depositions, affidavits, and admissions on file establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. ... Accordingly, we find that there were genuine issues of material fact that precluded the trial court’s entry of summary judgment on the issue of whether Commander Johnson acted willfully and wantonly at the time of the incident.

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.

CE Design Ltd v. C & T Pizza, Inc · filed 2020-09-24(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.’ ” Irwin Industrial Tool Co. v. Department of Revenue, 238 Ill. 2d 332, 339–40 (2010); 735 ILCS 5/2–1005(c) (West 2018). ... Because plaintiff failed to file a counter-affidavit, there was no issue of genuine material fact as to whether Joseph authorized B2B to send the faxes beyond two miles.

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.

Prince v. Kiel · filed 2020-10-01(c)

Under these circumstances, we agree with DMH that no genuine issue of material fact exists that Dr. Kiel was not its apparent agent and the circuit court properly granted summary judgment in its favor.

Section 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.

Donath v. Village of Plainfield · filed 2020-10-06(c)

We find that there are questions of material fact regarding whether the use of Fox River Street as a pedestrian walkway for a few days a year increased the usefulness of any public property intended or permitted to be used for recreational purposes. Thus, the circuit court erred in granting the Village summary judgment on the basis of immunity under section 3-106 of the Tort Immunity Act.

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; speculation about additional evidence does not create such an issue.

Brichetto v. Plainfield Community Consolidated School District 202 · filed 2020-10-13(c)

Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish 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 2018). ... As such, the plaintiff’s mere speculation that there may be additional video is not enough to create a genuine issue of material fact sufficient to survive 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.

Guo v. Kamal · filed 2020-10-30(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 2014). ... We find that resolution of the conflict between the Lutheran General doctors’ testimony that they would not have changed their treatment plan and plaintiff’s expert’s testimony as to what the standard of care required to treat Bao involves factual findings and credibility determinations that should be left to the jury.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains.

Sheppard v. Robards · filed 2020-11-09(c)

Under section 2-1005(c) of the Code of Civil Procedure, a party is entitled to summary judgment as a matter of law 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.” 735 ILCS 5/2-1005(c) (West 2016). ... Overall, we find that there are genuine unresolved issues of material fact regarding the trial court’s application of the laches doctrine. ... Therefore, we find that the trial court’s order granting summary judgment to the Robards was erroneous.

Section 2-1005(c) precludes summary judgment when expert deposition testimony, viewed favorably to the nonmovant, creates a genuine dispute about whether a product was unreasonably dangerous.

Gillespie v. Edmier · filed 2020-12-03(c)

Viewed in a light most favorable to the Gillespies, as the nonmovants, Hutter’s deposition testimony was sufficient to create a genuine issue of material fact as to whether the dump trailer was unreasonably dangerous. Accordingly, we agree with the appellate court that the circuit court erroneously granted summary judgment in favor of East Manufacturing.

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

Country Mutual Insurance Co. v. Little · filed 2020-12-09(c)

Section 2-1005(c) of the Code of Civil Procedure provides that a party is entitled to summary judgment as a matter of law 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.” 735 ILCS 5/2-1005(c) (West 2018). ... However, Little presented genuine issues of material fact even if his deposition testimony is discounted. ... Accordingly, we conclude that the trial court’s order granting summary judgment was inappropriate at this stage of the case.

Section 5/2-1005(c) does not permit summary judgment on an issue when a genuine dispute of material fact remains.

Empress Casino Joliet Corp. v. Averus, Inc. · filed 2020-12-24(c)

Averus’ duties under the contract, and its compliance with those duties, give rise to a question of fact that make summary judgment on the issue inappropriate.

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

Eyster v. Conrad · filed 2021-01-04(c)

Plaintiff’s testimony creates a genuine issue of material fact regarding decedent’s negligence. Thus, the entry of summary judgment was improper.

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.

Flores v. Westmont Engineering Co. · filed 2021-01-28(c)

A trial court is permitted to grant summary judgment only “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 2018). ... For the reasons set forth above, summary judgment is inappropriate in the case at bar, where numerous questions of fact remain as to the relationship between the various entities involved and to the extent of their responsibility.

Section 2-1005 does not permit summary judgment when material questions of fact remain about a petitioner’s diligence or whether equity excuses it.

In re Marriage of Weeks · filed 2021-02-18(a)

Because we find that a summary judgment was inappropriate due to material questions of fact regarding the due diligence element of Kimberly’s section 2-1401 petition, or whether equity requires relaxation of the due diligence requirement, we reverse the January 31, 2020, order on that basis.

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.

Fournie v. Bellville Concrete Contracting Co. · filed 2021-03-08(c)

Summary judgment is appropriate when the pleadings, depositions, affidavits, and admissions on file show that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018). ... After reviewing the record, we find that the defendants have established that there are genuine issues of material issues regarding whether their acts constituted acts ultra vires.

Section 2-1005(c) precludes summary judgment when an agreement’s ambiguity leaves a genuine issue of material fact.

Walworth Investments-LG, LLC v. Mu Sigma, Inc. · filed 2021-03-30(c)

Summary judgment should not be granted unless the pleadings, depositions, and admissions on file, together with any affidavits, reveal no genuine issue of material fact such that the movants are entitled to judgment as a matter of law. ... Thus, we conclude that the SRA’s language was ambiguous as to which party, if any, disclaimed reliance, precluding summary judgment.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law; unsupported conclusory allegations do not create such an issue.

Bruning and Associates, P.C. v. Eversman · filed 2021-05-20(c)

Summary judgment is proper where the pleadings, admissions, depositions, and affidavits on file demonstrate that there is 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 2018). ... Eversman’s unsupported conclusory allegations contained in his response and amended affidavit that the terms of the MSA were unfair and unreasonable are insufficient to raise a genuine issue of material fact.

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.

Wells Fargo Bank, N.A. v. Coghlan · filed 2021-06-07(c)

Summary judgment is appropriate when the pleadings, depositions, and admissions on file, together with the affidavits, if any, evidence 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 2014). ... Instead, the only evidence advanced to support this contention is the assertion that John viewed the Facebook profile of an individual named Wylin Xiong who allegedly worked for Wells Fargo. This is woefully insufficient to create a genuine issue of material fact.

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.

Rutkowski v. Fidelity National Title Insurance Co. · filed 2021-10-15(c)

A circuit court may properly grant summary judgment where “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.” 735 ILCS 5/2-1005(c) (West 2020). ... Applying these standards, defendant’s right to judgment is not clear and free from doubt. There are questions of fact regarding whether defendant breached the terms of the policy when it denied plaintiff’s claim.

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.

Loebl Schlosman & Hackl, Inc. v. Abosy · filed 2021-10-26(c)

Summary judgment is appropriately granted if the pleadings, depositions, admissions, and affidavits on file establish 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 2018). ... We hold that LSH failed to show that a genuine issue of material fact existed about whether Al Abosy wrongfully and without authorization assumed control, dominion, or ownership over ... property in LSH’s possession.

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.

Purdle v. Allstate Insurance · filed 2021-10-28(c)

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 a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016); Adams v. Northern Illinois Gas Co., 211 Ill. 2d 32, 42-43 (2004). ... In the instant case, plaintiff simply failed to present the trial court with any evidence to rebut Allstate’s motion for summary judgment.

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

Fifth Third Mortgage Co. v. McCord · filed 2021-10-29(c)

Summary judgment should be granted only 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 as to any material fact and that the moving party is clearly entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018); Adams, 211 Ill. 2d at 43. ... We therefore vacate the trial court’s judgment granting summary judgment, on the sole basis that a genuine issue of material fact exists as to whether the February 1, 2014, letter was a cease-and-desist letter that exempted Fifth Third from the face-to-face meeting requirement.

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; evidence creating a genuine dispute about causation precludes summary judgment.

Prosise v. Bank of America, N.A. · filed 2022-01-13

Thus, summary judgment is proper only when the pleadings, depositions and admissions on record, together with any affidavits, show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Id.; 735 ILCS 5/2-1005 (West 2020). ... Viewing this evidence in the light most favorable to the plaintiff, as we must (Adams, 211 Ill. 2d at 43), the evidence demonstrated a genuine dispute about whether any aspect of the defendants’ alleged negligence caused Mary Lou’s injuries and death. Thus, summary judgment was improper.

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

2612 W. Barry, LLC v. Nuter · filed 2022-01-31(c)

In sum, defendant’s affidavit and the affidavit of his handwriting expert create a material issue of fact as to the validity of the 2018 lease, thus rendering summary judgment inappropriate.

Section 5/2-1005(c) permits summary judgment only when no genuine issue of material fact exists; the court cannot resolve disputed facts to grant it.

Cleer v. Burks · filed 2022-03-23(c)

Summary judgment is appropriate where the pleadings, depositions, admissions on file and affidavits, if any, show 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 2018). ... The trial court resolved facts in dispute, a determination that is premature at the summary judgment stage. We find there are general issues of material fact that preclude summary judgment.

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.

Batelli v. Village of Addison · filed 2022-05-19(c)

Summary judgment is appropriate when 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 2020). ... Under these circumstances, Mastrolonardo’s subjective unawareness of the hazard before plaintiff’s accident does not give rise to a genuine issue of material fact.

Section 2-1005(c) precludes summary judgment when a material factual dispute remains over fraudulent concealment of a claim.

Blackhawk Building, LLC v. Stanton · filed 2022-07-11(c)

There exist disputes of material fact as to whether Stanton took an affirmative act or acts to lull Blackhawk into ... delaying the filing of its complaint until more than one year after the closing had passed. Accordingly, the circuit court erred by entering judgment on count IV.

Section 5/2-1005(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.

West Bend Mutual Insurance Co. v. TRRS Corp. · filed 2022-09-09(c)

Summary judgment is proper only where the pleadings and evidence 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 2020). ... Questions remain that preclude summary judgment at this point.

Section 5/2-1005(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; unsupported allegations do not prevent summary judgment.

Smith v. Lucas · filed 2022-09-14(c)

Summary judgment is appropriate when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2014). ... Her claims that William was not voted a member of FHS and was not voted president of the business are unsupported allegations that are insufficient to withstand summary judgment.

Section 2-1005(c) allows summary judgment when the record, viewed favorably to the nonmoving party, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law; a conclusory affidavit does not create a genuine issue.

U.S. Bank National Association v. Kasimir · filed 2022-11-30(c)

Summary judgment should be granted only 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 as to any material fact and that the moving party is clearly entitled to judgment as a matter of law. ... Simply put, Mr. Kasimir’s vague allegations regarding the HAMP loan modification program which he claimed to have been enrolled in, based only on his conclusory affidavit, failed to create a genuine issue of material fact to prevent U.S. Bank’s motion for summary judgment; and failed to establish that he was entitled to summary judgment.

Summary judgment is improper when a genuine issue of material fact remains about whether a defendant owed a duty of care.

Slanger v. Advanced Urgent Care, Ltd. · filed 2022-12-30(c)

On appeal of an order granting summary judgment, a reviewing court must determine whether “ ‘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.’ ” Monson v. City of Danville, 2018 IL 122486, ¶ 12 (citing 735 ILCS 5/2-1005(c) (West 2012)). ... Therefore, we find that a genuine issue of material fact exists as to whether Dr. Collins owed a duty of care to Slanger and that the circuit court erred by granting the motion for summary judgment in favor of Dr. Collins.

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

Briggs v. SMG Food & Beverage, LLC · filed 2022-12-30(c)

It should be granted only where the pleadings, depositions, admissions, and affidavits on file show that there is no genuine issue of material fact, and the movant is entitled to judgment as a matter of law. ... We also find no genuine issue of material fact as to whether defendants abused the qualified privilege, and the trial court did not err in granting summary judgment in favor of defendants.

Section 2-1005(c) requires 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.

Short v. CSS Audio, Inc. · filed 2023-02-07(c)

Section 2-1005(c) of the Code of Civil Procedure (735 ILCS 5/2-1005(c) (West 2020)) governs summary judgments, providing the circuit court must enter 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.” ... After reviewing the pleadings, the witnesses’ depositions, and other exhibits and construing them strictly against the movant and liberally in favor of the opponent, we find the circuit court did not err by concluding there was no genuine issue of material fact as to the condition of Premiere’s ramp. See Beaman, 2019 IL 122654, ¶ 22.

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.

Scollard v. Williams · filed 2023-02-16(c)

On the set of facts before us there are genuine issues of material fact on these issues. Thus, summary judgment was improperly entered in defendant’s favor on the Animal Control Act count.

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.

Scollard v. Williams · filed 2023-03-16(c)

Summary judgment should only be entered 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 2020). ... On the set ... of facts before us, there are genuine issues of material fact on these issues. Thus, summary judgment was improperly entered in defendant’s favor on the Animal Control Act count.

Section 2-1005(c) precludes summary judgment when reasonable jurors could disagree about whether an employer’s corrective measures were reasonable.

Wong v. Midwest Gaming & Entertainment LLC. · filed 2023-03-31(c)

Viewing the evidence in the light most favorable to Wong, we find that the reasonableness of the efforts to correct the sexual harassment is a factual issue precluding summary judgment.

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.

Ludwig v. B&R Corp. of America, Inc. · filed 2023-03-31(c)

Under section 2-1005(c), summary judgment should 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.” ... Ludwig failed to demonstrate that there was a genuine issue of material fact precluding summary judgment.

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; speculation cannot create such an issue.

Brown v. Village of Lisle · filed 2023-05-16(c)

A court properly grants a motion for 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 judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2020). ... Plaintiff’s speculation and conjecture are insufficient to create a material issue of fact to survive a motion for summary judgment.

Section 2-1005(c) permits summary judgment despite an unresolved factual issue when that issue is not material and the moving party is entitled to judgment as a matter of law.

Pendleton v. The Board of Education of the City of Chicago · filed 2023-06-22(c)

Summary judgment is properly granted where the pleadings, depositions, and admissions on file, together with any affidavits, indicate 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 2022). ... Nevertheless, even if this presents an unresolved issue of fact, we do not find that it presents a genuine issue of material fact such that the Board was not entitled to judgment in its favor as a matter of law.

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.

Roberts v. Highland · filed 2023-06-22(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 2020). ... In light of Father’s eyewitness testimony, the plaintiff presented sufficient circumstantial evidence that could support each element of negligence as alleged in plaintiff’s complaint. Therefore, summary judgment for the defendant was improper.

Section 2-1005(c) requires denial of summary judgment when a genuine issue of material fact exists; the court may not weigh conflicting testimony on the motion.

Mayfield v. Mavrakis · filed 2023-06-23(c)

In either event, neither is proper at the summary judgment stage because motions for summary judgment are not “intended to be used as a means of weighing conflicting issues of fact.”

Section 2-1005(c) does not permit summary judgment when a genuine issue of material fact exists about a pothole’s visibility.

Tarango v. The Village of Carpentersville · filed 2023-07-06(c)

This is so because the record amply demonstrates the existence of a genuine issue of material fact between the parties regarding the physical nature of the pothole, namely its visibility.

Section 2-1005(c) permits summary judgment only when the record, 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.

Wiltjer v. Delta Sonic Carwash Systems, Inc. · filed 2023-09-01(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. ... Thus, plaintiff’s testimony and the expert testimony, taken together, create a question of fact concerning the link between the snow piles to the ice plaintiff slipped on, precluding summary judgment.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law; speculative inferences do not create a triable issue.

Banks v. City of Rockford · filed 2023-09-20(c)

A court should only grant summary judgment 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 2020). ... With the limited circumstantial evidence in this case, whether Officer Cox acted with willful or wanton conduct during the incident is pure speculation. ... Accordingly, we find the circuit court properly granted summary judgment in favor of the City.

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.

Left Turn Investments, LLC v. Three Four Global Investments, LLC · filed 2023-09-20(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 2020). ... Here, there was no ambiguity and so there was no genuine issue of material fact. Accordingly, we affirm the trial court’s decision to grant partial summary judgment.

Section 2-1005(c) generally precludes summary judgment when a party’s intent is central and material facts remain disputed.

Kornick v. Goodman · filed 2023-06-13(c)

As summary judgment must be reserved for cases in which there is no question of material fact (735 ILCS 5/2-1005(c) (West 2020)), it generally should not be used when a party’s intent is a central issue in the case (Schroeder v. Winyard, 375 Ill. App. 3d 358, 364 (2007)).

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.

Mandile v. Basta · filed 2023-09-25(c)

The purpose of a motion for summary judgment is to determine whether a genuine issue of triable fact exists (People ex rel. Barsanti v. Scarpelli, 371 Ill. App. 3d 226, 231 (2007)), and 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 judgment as a matter of law” (735 ILCS 5/2-1005(c) (West 2022)). ... Accordingly, the trial court erred in granting summary judgment as factual questions remain regarding the defendants’ affirmative defense of fraudulent misrepresentation.

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.

Yersich v. City of Chicago · filed 2023-11-16(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 2020). ... The difficulty in assessing the depth of the pothole and of the concomitant risk posed in riding a scooter over it presents a question of fact as to its open and obvious nature. ... For all the foregoing reasons, we reverse the grant of summary judgment in favor of defendant and remand for further proceedings.

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

Purcell v. Kemper Sports Mangement, Inc. · filed 2023-12-13(c)

Summary judgment is proper where the pleadings, depositions, and admissions on file, together with the affidavits, if any, indicate that 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 2022). ... John’s deposition testimony fails to raise a genuine question of material fact because, even if there was water on the floor, there was no testimony or evidence to establish that it was there due to the actions of the defendant or one of its employees.

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; a claimed factual dispute needs evidentiary support.

Stone v. Northeast Illinois Regional Commuter Ry. Corp. · filed 2023-12-20(c)

Summary judgment is appropriate 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. ... Though plaintiff insists that there is a dispute over the material fact of whether Phillips was trespassing at the time she was struck by a train, she has provided no evidence to substantiate such a dispute.

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.

Solorzano v. Magnani · filed 2024-01-05(c)

Under section 2-1005 (c) of the Code (735 ILCS 5/2-1005(c) (West 2022)), summary judgment is properly 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.” ... Taken together, we find that a genuine issue of material fact exists as to whether Solorzano justifiably relied upon WSMC, not Dr. Romano or Romano Orthopaedics, to provide her with healthcare. We therefore conclude that the trial court’s grant of summary judgment was error.

Section 2-1005(c) bars summary judgment when a material factual issue remains unresolved.

BCSP 330 North Wabash Property, LLC v. 401 NSS,LLC · filed 2024-01-22(c)

We express no opinion on the ultimate merits of this claim, but we find the record insufficiently developed to determine that NSS “is entitled to a judgment as a matter of law.” 735 ILCS 5/2–1005(c) (West 2018).

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.

Doe v. Fritch · filed 2024-04-10(c)

In this instance, the evidence presented by plaintiff and the adverse inference that may be drawn by defendant’s assertion of his fifth amendment privilege support both the court’s (1) finding that there was no genuine issue of material fact regarding the identity of the person who disseminated the video and (2) grant of partial summary judgment in plaintiff’s favor.

Section 2-1005 permits summary judgment when a judicial admission leaves no genuine issue of material fact.

Community Loan Servicing, LLC v. Ezlakowska · filed 2024-05-02(c)

In light of Benedykt and Dorota’s judicial admission, the circuit court properly granted plaintiff’s motion for summary judgment as there was no material issue of fact as to whether plaintiff gave a notice of acceleration to defendants.

Section 5/2-1005(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.

Ruffin v. Lee · filed 2024-05-21(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 2022). ... In sum, we find no genuine issue of material fact exists as to whether defendant acted with deliberate indifference to the serious medical condition of plaintiff. We, therefore, reject plaintiff’s argument that the circuit court erred in granting defendant summary judgment.

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.

Andrews v. Carbon On 26th, LLC · filed 2024-06-07(c)

Summary judgment is appropriate where, construed liberally in favor of the party opposing judgment, “ ‘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.’ ” Carney v. Union Pacific R.R. Co., 2016 IL 118984, ¶ 25 (quoting 735 ILCS 5/2-1005(c) (West 2012)). ... What we hold here is that summary judgment in favor of the wholesalers because of the lack of notice was improper.

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.

Patel v. Cook County Health & Hospital Systems · filed 2024-06-14

“A motion for summary judgment is properly granted only where the pleadings, depositions, admissions, and affidavits establish that no genuine issue of material fact exists and ... that the moving party is entitled to judgment as a matter of law.” Thai v. Triumvera 600 Naples Court Condominium Ass’n, 2020 IL App (1st) 192408, ¶ 38; 735 ILCS 5/2-1005 (West 2022). ... Because there are genuine issues of material fact, the circuit court erred in granting defendant’s motion for summary judgment regarding plaintiff’s claim under section 15 of the Whistleblower Act.

Section 2-1005(c) bars summary judgment when the record contains evidence supporting a genuine dispute of material fact.

Bitner v. City of Pekin · filed 2024-08-05(c)

Summary judgment cannot be entered if there remains a genuine issue of material fact in the case. ... Because the record contains evidence to support defendant’s position, there is a genuine issue of material fact. ... Consequently, we conclude the circuit court wrongly entered summary judgment for plaintiffs.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists; speculation about causation does not create one.

Lopez-Arana v. Brian Properties, Inc. · filed 2024-08-28(c)

Summary judgment is only 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 2020). ... Plaintiff’s speculation that the ice on which she fell formed as the result of the underlying condition of the parking lot is insufficient to survive summary judgment. Because plaintiff failed to establish the existence of a genuine issue of material fact on this point, the circuit court correctly granted summary judgment to Brian Properties and Salem Plaza.

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.

Cox v. Poe · filed 2024-09-05(c)

Summary judgment is proper “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 2022). ... We agree and find no genuine issues of material fact exist regarding plaintiffs’ vicarious liability counts and that the Poe defendants were entitled to summary judgment in their favor as a matter of law.

Section 2-1005(c) permits summary judgment when a factual inconsistency does not create a genuine dispute about a material issue.

In re Application of the County Treasurer · filed 2024-09-30(c)

As a result, Clark’s deposition reflects only a vague statement that he somehow, at some point in time, learned from the clerk that he owed property taxes on unit 1505N. That is not sufficient to create a genuine issue of material fact regarding whether Newline served Clark with a section 22-10 notice.

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.

In re Estate of O'Connor · filed 2024-10-29(c)

Summary judgment is appropriate 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 2020). ... Viewing the evidence under all three factors, we conclude the circuit court erred when it found no genuine issue of material fact existed on whether Dennis was Ellen’s fiduciary at the time she executed the 2000 trust and 2001 will.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists; an affidavit contradicting the party’s earlier sworn admissions does not create such an issue.

Montes v. Gomez-Pietrzyk · filed 2024-11-01(c)

Under section 2-1005(c) of the Code (735 ILCS 5/2-1005(c) (West 2020)), summary judgment is properly 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.” ... Therefore, Montes’s affidavit does not create any genuine issues of material fact sufficient to defeat F&A’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.

Haase v. Kankakee School District 111 · filed 2024-11-14(c)

Summary judgment will 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 2022). ... Here, these disputed facts made summary judgment improper.

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.

Quintana v. Cruikshank · filed 2024-12-20(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 of material fact and that the moving party is entitled to judgment as a matter of law.” ... Quintana did not produce evidence to create a genuine issue of material fact on the causation element of her medical malpractice claim.

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.

Marx v. Chorvat · filed 2024-12-31(c)

Interpreted in the light most favorable to the Buyers, the record reflects a dispute of material fact over whether flooding or leaking of which the Sellers were aware occurred in the basement before they completed the disclosure form, which is sufficient to create a genuine issue of material fact such that Count I survives summary judgment.

Section 2-1005(c) permits summary judgment on an ordinarily factual issue when the undisputed facts support only one reasonable conclusion.

Avitia v. Lucky Motors, Inc. · filed 2025-01-28(c)

The inadequacy of the facts presented, even when viewed in a light most favorable to plaintiffs, transformed an issue that would otherwise be a question of fact (whether conduct constitutes waiver) into an issue that was properly decided by the court as a matter of law.

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.

Patterson v. City of Chicago · filed 2025-02-28(c)

We review the trial court’s grant of summary judgment de novo (Williams v. Manchester, 228 Ill. 2d 404, 417 (2008)), keeping in mind that summary judgment is only appropriate where ... “there is no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018). ... Considering Patterson’s failure to offer any proof of notice, there is no genuine issue of material fact to preclude summary judgment in favor of the City.

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.

King v. El Paraiso Del Pacifico, Inc. · filed 2025-03-05(c)

Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, affidavits, and admissions on file show 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 have already decided that the facts of this case created a triable issue on the element of proximate cause with respect to El Paraiso, and we have no basis to hold differently here with respect to PAA.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact prevents judgment as a matter of law.

Palwaukee Hospitality, LLC v. Prospect Heights Investors, LLC · filed 2025-03-14(c)

Here, construing the evidence strictly against the defendants, as the movants, and liberally in favor of plaintiff, the opponent, there are genuine issues of material fact such that we cannot determine whether, as a matter of law, plaintiff had constructive notice of the unrecorded reciprocal easement agreement.

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

Tripp v. Union Pacific R.R. Co. · filed 2025-03-21(c)

Based on this record, we find there was a dispute of material fact over whether one or both couplers had a defect causing the knuckle to raise on its own. The existence of this material dispute makes summary judgment improper, and we accordingly reverse the grant of summary judgment and remand such that Tripp may also pursue his SAA claim at his new trial.

Section 2-1005(c) precludes summary judgment for either party when deposition testimony creates a genuine dispute of material fact.

Ahlgren v. Stonegate Insurance Co., Inc. · filed 2025-04-08(c)

Ahlgren and Garcia’s deposition testimony creates disputes of material fact that preclude summary judgment for either party.