735 Ill. Comp. Stat. § 5/2-1005

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

Barry v. Carr · filed 1995-12-13(d)

Summary judgment was properly entered in favor of defendants because they were entitled to judgment as a matter of law. (735 ILCS 5/2 — 1005(d) (West 1992).) There was no issue as to any material fact.

Section 2-1005 makes summary judgment a pretrial procedure; a motion filed after trial is untimely.

Tadros v. Kuzmak · filed 1995-12-29

A motion for summary judgment is a pretrial motion, not a post-trial motion. Our conclusion on this issue is supported by the Code itself. Section 2 — 1005, which covers summary judgment proceedings, is found in part 10 of the Code, entitled "Pre-Trial Steps.” See 735 ILCS 5/2— 1001 et seq. (West 1992).

Section 2-1005 requires courts to view the evidence and reasonable inferences in the nonmoving party’s favor; a disputed factual issue must be left for trial.

Weidman v. Wilkie · filed 1995-12-29

We have construed that evidentiary material in its light most favorable to the plaintiff (see Kolakowski v. Voris (1980), 83 Ill. 2d 388, 415 N.E.2d 397) and have drawn all reasonable inferences therefrom that are favorable to her (see Lapidot v. Memorial Medical Center (1986), 144 Ill. App. 3d 141, 494 N.E.2d 838). Based upon that review, we are unable to say, as a matter of law, that the plaintiff was possessed of sufficient information as to the cause of the infection in her back in January 1991 to commence the running of the applicable two-year limitations period. On the state of the record before us, we find that the issue remains one of disputed fact to be decided by a jury and, therefore, we reverse the orders of the trial court and remand this action for further proceedings consistent with this opinion.

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

Root v. JH Industries, Inc. · filed 1995-12-29(c)

Summary judgment is proper only where the pleadings, depositions and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact. The moving party is then entitled to judgment as a matter of law.

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

Lewis-Connelly v. Board of Education · filed 1996-01-25(c)

Summary judgment is appropriate where the pleadings, depositions, affidavits, and admissions on file demonstrate that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. ... The foregoing analysis reveals that the material facts are not in dispute and that the Board was entitled to judgment as a matter of law. Therefore, the trial court erred in denying the Board’s motion for summary judgment and granting plaintiff’s motion for 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.

Hall v. Burger · filed 1996-01-31(c)

A court properly grants summary judgment when the pleadings, depositions, and affidavits show no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. ... The trial court ruled the first of these propositions could not reasonably be inferred from the facts claimant would be able to set forth, and we agree.

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.

Jiffy Lube International, Inc. v. Agarwal · filed 1996-02-01

Summary judgment is properly granted if the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Leschinski v. Forest City Steel Erectors, 243 Ill. App. 3d 124, 127 (1993); 735 ILCS 5/2 — 1005 (West 1994). ... As such, Judge Rathje properly granted plaintiff’s motion for summary judgment.

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

D.S. Associates v. Commercial Credit Loans, Inc. · filed 1996-02-26

Here, the trial court properly concluded that petitioner’s section 263 notice was defective where it found that petitioner failed to conduct a diligent inquiry in determining whether Commercial Credit could be served within Cook County. As such, the trial court properly granted summary judgment. Summary judgment shall 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.

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

TT BY BT v. Kim · filed 1996-02-28(c)

The motion should be 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. 735 ILCS 5/2 — 1005(c) (West 1994). ... Thus, we cannot justify a finding of summary judgment. We find, therefore, that the trial court erred in'granting summary judgment for the Kims.

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.

Lewis v. Playboy Enterprises, Inc. · filed 1996-03-26(c)

The motion is 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.’ ” Purtill v. Hess, 111 Ill. 2d 229, 240, 489 N.E.2d 867 (1986), quoting Ill. Rev. Stat. 1983, ch. 110, par. 2 — 1005(c) (now 735 ILCS 5/2 — 1005 (West 1994)).

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.

Harris Bank of St. Charles v. City of Geneva · filed 1996-03-28(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 1994).

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.

Allegro Services, Ltd. v. Metropolitan Pier & Exposition Authority · filed 1996-03-28(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 1994); Gilbert v. Sycamore Municipal Hospital, 156 Ill. 2d 511, 517-18 (1993). The purpose of summary judgment is not to try a question of fact, but to determine whether one exists.

Section 2-1005(d) permits a summary determination of an undisputed issue while other issues proceed.

Winston & Strawn v. Nosal · filed 1996-03-29(d)

For the foregoing reasons, we enter a summary determination that there were sufficient votes to expel Nosal both under the 1984 and 1987 partnership agreements. 735 ILCS 5/2 — 1005(d) (West 1992). We reverse the allowance of summary judgment for Winston on the questions of Nosal’s bad-faith expulsion and whether the expulsion operated to dissolve the partnership, and remand this matter for proceedings consistent with this opinion.

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

Hanna v. Marshall Field & Co. · filed 1996-03-29(c)

Summary judgment is proper 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 movant is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1992).

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.

First Indiana Bank v. Goldman · filed 1996-04-03(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. 735 ILCS 5/2 — 1005(c) (West 1994). Here, the undisputed facts showed that Goldman had a title commitment in his possession at the time notices were sent, which showed that the property was subject to the Bank’s foreclosure proceeding. ... Under the circumstances, we find that the trial court did not abuse its discretion in granting the section 2 — 1401 petition and the motion for summary judgment thereby allowing the Bank to redeem the property.

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

Johnson v. Mers · filed 1996-04-17(c)

Summary judgment is properly granted if the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Leschinski v. Forest City Steel Erectors, 243 Ill. App. 3d 124, 127 (1993); 735 ILCS 5/2 — 1005(c) (West 1994).

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.

Adcock v. Montgomery Elevator Co. · filed 1995-08-21(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.”

Section 2-1005 permits summary judgment when the material facts are undisputed and the remaining question is whether those facts support a claim under the Structural Work Act.

Fari v. McCormick Center Hotel, Inc. · filed 1995-10-27

In the context of the Act, summary judgment is appropriate where the material facts are not in dispute and the controversy is over the proper construction of the Act and whether the facts sustain a cause of action. (Glazier, 271 Ill. App. 3d at 1102.) In this matter, the plaintiffs did not dispute the only material facts — Fari moved the cables out of his way so that he could reach the control panels to operate them. Because plaintiffs have not disputed these facts, but only whether the Act covers the factual circumstance which resulted in the injury, we find that summary judgment was an appropriate disposition in this case.

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

Redmon v. Stone · filed 1996-05-23(c)

A summary judgment should only be granted when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 1992); Purtill v. Hess, 111 Ill.2d 229, 240, 95 Ill.Dec. 305, 309, 489 N.E.2d 867, 871 (1986).

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; the court construes the record against the moving party.

O'BANNER v. McDonald's Corp. · filed 1996-05-31(c)

Under section 2-1005(c) of the Code of Civil Procedure (735 ILCS 5/2-1005(c) (West 1994)), a party is entitled to 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 judgment as a matter of law." In applying this statute, the court must construe the pleadings, depositions and affidavits strictly against the moving party and liberally in favor of the opponent.

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.

Gibbons v. Clarkson Grain Co. · filed 1996-06-20(c)

A trial court properly grants summary judgment when the pleadings, depositions, and affidavits show no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994); see also Malone v. American Cyanamid Co., 271 Ill. App. 3d 843, 845, 649 N.E.2d 493, 495 (1995). ... For the foregoing reasons, we affirm the entry of summary judgment by the circuit court of Cass County.

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; without supporting affidavits, admissions, or depositions, the court looks to the pleadings.

Kerschner v. Weiss & Co. · filed 1996-06-28(c)

Summary judgment is proper when the pleadings, depositions, affidavits, and admissions on file demonstrate that there is no genuine issue of material fact and that movant is entitled to judgment as a matter of law. See 735 ILCS 5/2-1005(c) (West 1994). In the absence of affidavits, admissions or deposition testimony to support the motion for summary judgment, we look to the allegations contained in the pleadings to determine whether the third-party defendant was entitled to judgment as a matter of law.

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.

Steuri v. Prudential Insurance Co. of America · filed 1996-07-15(c)

Summary judgment should be granted only where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1994).

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.

Caterpillar, Inc. v. Aetna Casualty & Surety Co. · filed 1996-07-31(c)

Summary judgment is appropriate only when the pleadings, together with any depositions, admissions, or affidavits on file demonstrate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

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

Khalil v. City of Chicago · filed 1996-08-23

A motion for summary judgment should be granted when the pleadings, depositions, admissions, and affidavits establish 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 1994); Kolakowski v. Voris, 83 Ill. 2d 388, 398, 415 N.E.2d 397 (1980).

Section 5/2-1005(c) permits summary judgment when undisputed facts show that the movant is entitled to judgment as a matter of law.

GENERAL CAS. CO. OF ILLINOIS v. Juhl · filed 1996-08-23(c)

The underlying facts before the court when it ruled upon the cross-motions for summary judgment were undisputed. Thus, a movant is entitled to summary judgment if those facts "show that *** [such a movant] is entitled to a judgment as a matter of law” (735 ILCS 5/2—1005(c) (West 1992)).

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.

Tatara v. Peterson Diving Service · filed 1996-09-12

Summary judgment is appropriate where the pleadings, depositions, and admissions, together with any affidavits, demonstrate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005 (West 1992). In reviewing a summary judgment motion, the court must determine whether a factual controversy exits and, if not, whether the movant is entitled to judgment as a matter of law.

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

Fruit of the Loom, Inc. v. Travelers Indemnity Co. · filed 1996-09-17

A motion for summary judgment will be granted only when the pleadings, depositions, admissions, and affidavits on file, 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 (West 1994).

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

Orr v. Edgar · filed 1996-09-26

A motion for summary judgment should be granted when the pleadings, depositions, admissions, and affidavits before the court establish 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 (West 1994); Kolakowski v. Voris, 83 Ill. 2d 388, 398, 415 N.E.2d 397 (1981).

Section 2-1005 calls for 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.

Orr v. League of Women Voters · filed 1996-09-26

A motion for summary judgment should be granted when the pleadings, depositions, admissions, and affidavits before the court establish 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 (West 1994); Kolakowski v. Voris, 83 Ill. 2d 388, 398, 415 N.E.2d 397 (1981).

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.

Bass v. Prime Cable of Chicago, Inc. · filed 1996-09-30(c)

Summary judgment shall be granted if the pleadings, depositions and admissions on file, together with 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.

Section 2-1005 does not permit summary judgment when an unresolved mixed question of law and fact remains.

People Ex Rel. Vuagniaux v. City of Edwardsville · filed 1996-10-16

Pursuant to section 2 — 1005 of the Code of Civil Procedure (735 ILCS 5/2 — 1005 (West 1992)), the sole function of the court reviewing the trial court’s entry of summary judgment is to determine whether the lower court correctly ruled that no genuine issue of fact had been raised and, if none was raised, whether judgment was correctly entered as a matter of law. Maxton v. Garegnani, 255 Ill. App. 3d 291, 294, 627 N.E.2d 723, 726 (1994). We believe that the trial court erred in granting summary judgment in favor of the City in the instant case because the question of the duration of the lease is a mixed question of law and fact that was never resolved by the trial court.

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.

Cramer v. Insurance Exchange Agency · filed 1996-10-24(c)

Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with the affidavits, demonstrate that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when the issues turn on statutory interpretation or the existence of a legal duty.

Barnett v. Zion Park District · filed 1996-04-18(c)

However, these issues ultimately involve interpreting the Tort Immunity Act, which is purely a matter of law and appropriate for summary judgment.

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

Pepper Construction Co. v. Transcontinental Insurance · filed 1996-11-27(c)

Summary judgment is only appropriate when the pleadings, depositions, admissions, or affidavits on file 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 1992); La Salle National Bank v. Skidmore, Owings & Merrill, 262 Ill. App. 3d 899, 902, 635 N.E.2d 564 (1994). ... The issue was improperly resolved by the trial court on a 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.

Flint v. Court Appointed Special Advocates of Du Page County, Inc. · filed 1996-12-03(c)

Since the purpose of a summary judgment proceeding is to determine whether a genuine issue of triable fact exists (Purtill v. Hess, 111 Ill. 2d 229, 240 (1986)), a motion for 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” (735 ILCS 5/2 — 1005(c) (West 1994); see also Gatlin v. Ruder, 137 Ill. 2d 284, 293 (1990)).

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.

Allen v. BD. OF TRUSTEES OF COM. COLLEGE · filed 1996-12-26(c)

A motion for summary judgment is to be granted if "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1994).

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.

Ciers v. O.L. Schmidt Barge Lines, Inc. · filed 1996-12-27

A motion for summary judgment should be granted only when the pleadings, depositions, admissions, and affidavits on file, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

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

Country Mutual Insurance v. Peoples Bank · filed 1997-01-28(c)

Under section 2-1005(c) of the Code of Civil Procedure (Code) (735 ILCS 5/2-1005(c) (West 1994)), summary judgments should be granted when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."

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

United States Fidelity & Guaranty Co. v. Alliance Syndicate, Inc. · filed 1997-02-04

On de novo review of an order granting summary judgment, a court of review must ascertain whether the trial court properly concluded there were no genuine issues of material fact and, if there were none, whether judgment for the movant was correct as a matter of law.

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.

DURAN BY DURAN v. Cullinan · filed 1997-03-17(c)

However, summary judgment is proper when the pleadings, depositions, and affidavits on file demonstrate that no genuine issue of material fact exists and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2—1005(c) (West 1994). ... Accordingly, we hold that the trial court erred in granting the defendants’ motion for 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.

Board of Trustees of the Barrington Police Pension Fund v. Village of Barrington Ethics Board · filed 1997-03-26(c)

A motion for summary judgment should be granted when "the pleadings, depositions and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2—1005(c) (West 1994); Soderlund Brothers, Inc. v. Carrier Corp., 278 Ill. App. 3d 606, 663 N.E.2d 1 (1995).

Section 2-1005(g) permits amendment after summary judgment, but timeliness depends on the case’s procedural history.

Lewis v. American Airlines, Inc. · filed 1997-03-27(g)

Timeliness, however, is determined in accordance with the procedural history of each case and not merely by the fact that a motion is filed after 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.

Oak Park Trust & Savings Bank v. Intercounty Title Co. · filed 1997-03-27(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. 735 ILCS 5/2—1005(c) (West 1994). ... Since the plaintiffs did not produce any such evidence, they failed to meet their burden of establishing their right to judgment as a matter of law. Reviewing the evidence in the light most favorable to the defendants, we hold that the trial court erred in granting summary judgment in favor of the plaintiffs.

Section 2-1005 permits summary judgment when no questions of fact remain and judgment can be entered as a matter of law.

Koperski v. Amica Mut. Ins. Co. · filed 1997-03-31

The entry of summary judgment is appropriate where there are no questions of fact and judgment can be entered as a matter of law.

Section 5/2-1005(c) permits summary judgment when the pleadings, depositions, and affidavits raise no genuine issue of material fact.

Apostal v. Oliveri Construction Co. · filed 1997-03-31(c)

If the pleadings, depositions, and affidavits fail to raise a genuine issue of material fact, then summary judgment is proper.

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

Vernon Hills III Limited Partnership v. St. Paul Fire & Marine Ins. Co. · filed 1997-04-03(c)

The purpose of a motion for summary judgment is to determine whether a genuine issue of triable fact exists (Purtill v. Hess, 111 Ill. 2d 229, 240 (1986)), and a motion for summary judgment should be granted only when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law” (735 ILCS 5/2—1005(c) (West 1994)).

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.

Colonial Inn Motor Lodge, Inc. Ex Rel. Cincinnati Insurance v. Gay · filed 1997-04-03(c)

Summary judgment is proper if the pleadings, depositions, and other matters on file 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 1994). ... We conclude that the evidence on the issue is not so one-sided that it entitles the defendant to summary judgment.

Section 5/2-1005 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.

City of Chicago Heights v. Crotty · filed 1997-04-07

A summary judgment motion should be granted when the pleadings, together with any depositions, admissions, or affidavits on file, demonstrate that no genuine issues of material fact exist and that the movant is entitled to judgment as a matter of law. 735 ILCS 5/2—1005 (West 1992). Here, no genuine issues of material fact are present; the only issue is whether, as a matter of law, paragraph 11 of the settlement agreement requires defendants to convey the properties to plaintiff.

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.

Majcher v. Laurel Motors, Inc. · filed 1997-04-28(c)

Summary judgment is properly granted if the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

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.

Lieber v. Board of Trustees of Southern Illinois University · filed 1997-05-01(c)

"the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1994).

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.

Metropolitan Life Insurance v. American National Bank & Trust Co. · filed 1997-05-02(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 1994).

Section 2-1005(c) allows a court to consider pleadings, affidavits, depositions, and other evidence when deciding whether a genuine issue of material fact prevents summary judgment.

Mobil Oil Corp. v. Maryland Casualty Co. · filed 1997-05-09(c)

In deciding the summary judgment motion, the circuit court was authorized to consider the pleadings, affidavits, deposition transcripts, and other evidentiary documents in order to determine whether the parties presented a genuine issue of material fact. ... The court properly so considered this aspect of Mobil’s motion for summary judgment, and appellate review of its order granting Mobil’s motion is de novo.

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.

Burse v. CR Industries, Inc. · filed 1997-05-13(c)

The purpose of a motion for summary judgment is to determine whether a genuine issue of triable fact exists (Purtill v. Hess, 111 Ill. 2d 229, 240 (1986)) and 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 1994)).

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.

Re/Max R.E. Professionals, Inc. v. Armstrong · filed 1997-05-28(c)

The trial court will grant the motion if it finds no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Watkins v. Schmitt, 172 Ill.2d 193, 203, 216 Ill.Dec. 822, 828, 665 N.E.2d 1379, 1385 (1996); 735 ILCS 5/2-1005(c) (West 1994). ... We conclude that (1) the Armstrong's property was not "sold" within the 90-day period for purposes of entitling RE/MAX to a commission, and (2) RE/MAX was not entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when the pleadings, depositions and affidavits show no genuine issue of material fact.

People Ex Rel. Weber v. Commonwealth Edison Co. · filed 1997-04-16(c)

A circuit court may properly grant a motion for summary judgment if the pleadings, depositions and affidavits show that there is no genuine issue as to any material fact. 735 ILCS 5/2—1005(c) (West 1994).

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.

Stevens v. Rooks Pitts and Poust · filed 1997-06-06(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. 735 ILCS 5/2 — 1005(c) (West 1994).

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.

Rotzoll v. Overhead Door Corp. · filed 1997-06-13(c)

Summary judgment is appropriate when the pleadings, depositions, and admissions, together with any affidavits, show there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Section 2-1005 permits summary judgment when the pleadings, depositions, and admissions show no genuine issue of fact and the moving party is entitled to judgment as a matter of law.

Wausau General Insurance v. Kim's Trucking, Inc. · filed 1997-06-20

Summary judgment is appropriate when the pleadings, depositions, and admissions on file demonstrate that there is no genuine issue of fact such that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005 (West 1992). ... Accordingly, the trial court properly granted summary judgment in favor of Wausau and properly denied summary judgment in favor of Kim’s.

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.

Vautsmeier v. County of Stephenson · filed 1997-06-20(c)

Summary judgment is properly granted if "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1994). ... After reviewing the record, we find that material issues of fact remained, and the trial court should not have granted summary judgment for either side.

Section 5/2-1005 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.

Cameron General Corp. v. Hafnia Holdings, Inc. · filed 1997-06-25

It is well established that a motion for summary judgment may be granted properly when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2—1005 (West 1992); e.g., Torres v. City of Chicago, 261 Ill. App. 3d 499, 632 N.E.2d 54 (1994).

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.

Armstrong v. Washington · filed 1997-06-25(c)

Summary judgment should only be granted when the pleadings, depositions, admissions and affidavits on file show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

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

DeSeno v. Becker · filed 1997-07-07(c)

Summary judgment is proper only where there are no issues of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005(c) (West 1992).

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.

Stratman v. Brent · filed 1997-08-06

Summary judgment is proper where the pleadings, admissions, and depositions on file, together with the affidavits, demonstrate 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 (West 1994); McNamee, 173 Ill. 2d at 438. ... Accordingly, the trial court erroneously granted the defendant’s motion for summary judgment on count II of the plaintiffs third amended complaint.

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.

Grot v. First Bank of Schaumburg · filed 1997-09-05

Summary judgment is proper when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005 (West 1994); Addison v. Whittenberg, 124 Ill. 2d 287, 294 (1988). ... In the present case, plaintiff cannot, as a matter of law, support his claim of damages where plaintiff enjoyed the benefit of the partnership’s borrowing and apparently dividing partnership assets with knowledge of the encumbrance.

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

Roman Catholic Diocese v. Lee · filed 1997-09-08(c)

Summary judgment is proper only where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

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

Boub v. Township of Wayne · filed 1997-09-09(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 1996). ... Here, plaintiff has failed to establish a duty owed to him by defendants under section 3—102(a) of the Act. Accordingly, the trial court did not err when it entered summary judgment in favor of defendants as to count I of plaintiff’s third amended complaint.

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.

Hubble v. O'CONNOR · filed 1997-09-19

In Illinois, summary judgment is governed by the provisions of section 2—1005 of the Code of Civil Procedure. ... Summary judgment should be granted only if the pleading, depositions, admissions and affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Section 2-1005 places no limit on the number of summary judgment motions a party may bring.

Lawrence & Allen, Inc. v. Cambridge Human Res. Group, Inc. · filed 1997-09-26

Section 2—1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 1996)) places no limit on the number of motions for summary judgment that may be brought by a party.

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.

Downs v. University of Illinois · filed 1997-10-02(c)

Summary judgment is proper if and only if the pleadings, depositions, admissions, affidavits and other relevant matters on file show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. ... We find no genuine issues of material fact disputed and hereby grant Respondents 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.

WINGO BY WINGO v. Rockford Memorial Hosp. · filed 1997-10-17(c)

Summary judgment is proper when the pleadings, depositions, and admissions on file, together with the affidavits, if any, demonstrate that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. ... No expert in the case intimated that the cause of Brittany’s brain damage was the result of anything other than the treatment or lack of treatment she and her mother received at the Hospital. Under the circumstances, we find no error with respect to the trial court’s rulings or with respect to the plaintiffs’ counsel’s argument.

Section 2-1005 provides the summary judgment procedure for challenging the factual sufficiency of a claim.

Malanowski v. Jabamoni · filed 1997-11-26

Had Loyola wished to challenge the factual sufficiency of plaintiff’s claim that Dr. Jabamoni was an employed staff physician of Loyola, then the proper vehicle would have been a motion for summary judgment under section 2 — 1005 (735 ILCS 5/2 — 1005 (West 1996)).

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

Country Mutual Insurance v. Birner · filed 1997-12-17

A motian for summary judgment should be granted only when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

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

Benamon v. Soo Line Railroad · filed 1997-12-31

Summary judgment is appropriate only 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 judgment as a matter of law. 735 ILCS 5/2 — 1005 (West 1996).

A plaintiff opposing summary judgment need not prove his case at that stage, but must present a factual basis that could entitle him to judgment.

Koules v. Euro-American Arbitrage, Inc. · filed 1998-01-05(c)

While a plaintiff opposing a motion for summary judgment need not prove his case at the summary judgment stage, to survive the motion for summary judgment he must present a factual basis that would arguably entitle him to judgment. ... Based on this record, we conclude that plaintiff has failed to present a factual basis that would arguably show that defendant owed plaintiff any compensation for vacation time when plaintiff accepted defendant’s offer of severance compensation.

Section 5/2-1005(c) requires 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.

Hoskins Chevrolet, Inc. v. Hochberg · filed 1998-01-20(c)

In Illinois, summary judgment shall be granted if the pleadings, depositions, admissions, affidavits and any other evidence show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994).

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.

Guardino v. Chrysler Corp. · filed 1998-02-13

Summary judgment shall be granted if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005 (West 1996). ... We agree with the circuit court that summary judgment must be entered for Chrysler on these claims.

Section 2-1005(g) permits amendment of pleadings before or after summary judgment on just and reasonable terms; denial of leave after summary judgment is reviewed for manifest abuse of discretion.

Mason v. American National Fire Insurance · filed 1998-03-20(g)

Section 2 — 1005(g) of the Code of Civil Procedure provides that “[b]efore or after the entry of a summary judgment, the court shall permit pleadings to be amended upon just and reasonable terms.” 735 ILCS 5/2— 1005(g) (West 1996). ... The Loyola Academy court noted the trial court had such discretion in ruling on a motion to amend after summary judgment that it would not find the denial of that type of motion “prejudicial error unless there has been a manifest abuse of such discretion.” (Emphasis added.) Loyola Academy, 146 Ill. 2d at 273-74, 586 N.E.2d at 1216. ... Considering the substantial deference given by reviewing courts to trial courts under Loyola Academy in denying requests to replead after summary judgments, we determine the circuit court here did not breach its discretion in denying leave to file a sixth-amended complaint.

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.

Cincinnati Insurance Co. v. Baur's Opera House · filed 1998-04-22(c)

Sum­ma­ry judg­ment is prop­er­ly en­tered when the pleadings, depo­si­tions, ad­mis­sions, and affi­da­vits fail to estab­lish a gen­u­ine issue of mate­rial fact, thereby enti­tling the mov­ant to judg­ment as a matter of law.

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

Pope v. Alberto-Culver Co. · filed 1998-04-27(c)

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

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

Menough v. Woodfield Gardens · filed 1998-05-06

Summary judgment is appropriate only where the pleadings, affidavits, depositions, admissions, and exhibits show 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 (West 1996); Glass v. Pitler, 276 Ill. App. 3d 344, 657 N.E.2d 1075 (1995).

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.

Village of Maywood v. Dept. of Human Rights · filed 1998-05-08

A motion for summary judgment should be granted when the pleadings, depositions, exhibits, and affidavits on file reveal no genuine issue of material fact and establish that the moving party is entitled to judgment as a matter of law.

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

Nowak v. Coghill · filed 1998-05-21(c)

Summary judgment should be granted only if the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmovant, show 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 1996); Berlin, 179 Ill. 2d at 7. ... Accordingly, summary judgment in favor of defendants on the ground that plaintiff failed to establish the proximate cause element of his negligence claim was appropriate.

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.

Euro Motors, Inc. v. Southwest Financial Bank and Trust Co. · filed 1998-06-01(c)

Summary judgment is proper only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994). ... As there exists no genuine issue of material fact, Southwest is entitled to judgment as a matter of law, and the decision of the trial court is affirmed.

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.

Cincinnati Insurance v. Baur's Opera House, Inc. · filed 1998-06-03(c)

Summary judgment is properly entered when the pleadings, depositions, admissions, and affidavits fail to establish a genuine issue of material fact, thereby entitling the movant to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994).

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

Besco v. Henslee, Monek & Henslee · filed 1998-06-12

Summary judgment is properly granted only when the pleadings, depositions, and affidavits show that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005 (West 1996). Because the trial court barred plaintiffs from naming expert witnesses, plaintiffs were unable to present an expert’s affidavit in opposition to both Chicago Counsel’s and Davis’s motions for summary judgment. As a result, the trial court did not have the opportunity to consider whether such evidence would have raised a genuine issue of material fact precluding entry of summary judgment. Thus, the trial court’s decision to grant summary judgment was tainted by its erroneous decision to bar plaintiffs from naming an expert.

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.

Berg v. ALLIED SEC., INC., CHICAGO · filed 1998-06-29(c)

A trial court may render summary judgment if the record shows 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 1992). ... With these principles in mind, we conclude that summary judgment in favor of both Podolsky and Allied was incorrect as a matter of law. Both defendants had a duty towards plaintiff and genuine issues of material fact exist as to whether either defendant was negligent and whether either defendant's negligence proximately caused plaintiff's injuries.

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.

Northern Illinois Home Builders Ass'n v. City of St. Charles · filed 1998-07-06(c)

Summary judgment is proper where the pleadings, exhibits, affidavits, and depositions on file disclose no genuine issue of material fact and the moving party is entitled to judgment 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.

Western States Insurance v. Zschau · filed 1998-07-20(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 1996).

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.

Hall v. Village of Bartonville Police Department · filed 1998-07-31(c)

A motion for summary judgment should be granted only when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment 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.

Cianci v. Pettibone Corp. · filed 1998-07-31(c)

Summary judgment should be granted only when the pleadings, depositions, admissions, and affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1996). ... Because Cianci failed to present facts supporting her claims for defamation, we hold that the circuit court properly granted defendants’ motion for summary judgment.

Section 2-1005(c) permits summary judgment 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.

Ragan v. Columbia Mutual Insurance · filed 1998-09-24(c)

Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions and admissions on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

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

M.H. Detrick Co. v. Century Indemnity Co. · filed 1998-09-25(c)

A trial court may grant a motion for summary judgment when the pleadings, depositions, and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1996).

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.

Spectramed, Inc. v. Gould Inc. · filed 1998-10-16

Summary judgment will be granted when the pleadings, depositions, exhibits, and affidavits on file reveal no genuine issue of material fact and establish that the moving party is entitled to judgment as a matter of law.

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.

Solo Sales, Inc. v. North America OMCG, Inc. · filed 1998-11-05(c)

A court should enter summary judgment when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1996). ... After reviewing the record, we believe that the trial court properly found that no genuine issue of material fact exists and that judgment should be entered in favor of plaintiff.

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.

Brandt v. Time Insurance · filed 1998-12-10(c)

A motion for summary judgment may be granted only when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 1996).

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.

Jackson v. TLC Associates, Inc. · filed 1998-12-31(c)

A motion for summary judgment should only be granted when the pleadings, depositions, and affidavits demonstrate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1992).

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

Romero v. O'Sullivan · filed 1999-01-13(c)

As no issue of mate­rial fact exists, the judgment of the trial court in grant­ing respondents' summary judgment motion is af­firmed.

Section 5/2-1005 permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment.

Allstate Insurance v. Mathis · filed 1999-02-01

Summary judgment is appropriate when the pleadings, depositions and admissions on file show that there is no genuine issue of material fact and that the moving party is entitled to judgment.

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.

Levre, Zeman, Oldfield & Schwarm Law Group, Ltd. v. Wal-Mart Stores · filed 1999-02-04(c)

"Summary judgment is to be granted only if the pleadings, affidavits, depositions, admissions, and exhibits on file, when reviewed in the light most favorable to the nonmovant, show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." ... While it is true that there is no dispute regarding the facts of this case, it is clear that Wal-Mart was not entitled to judgment as a matter of law.

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

Romero v. O'SULLIVAN · filed 1999-03-05(c)

Summary judgment is properly granted when a court, after reviewing affidavits, depositions, admissions, and exhibits on file in the light most favorable to the nonmovant, determines no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005(c) (West 1996); Busch v. Graphic Color Corp., 169 Ill. 2d 325, 333, 662 N.E.2d 397, 402 (1996). ... As no issue of material fact exists, the judgment of the trial court in granting respondents’ summary judgment motion is affirmed.

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.

Woods v. Pence · filed 1999-03-12(c)

Summary judgment should be granted only when the pleadings, affidavits, depositions, admissions and exhibits 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. ... We believe that issues of fact exist regarding whether defendants knowingly made a false statement about the condition of the roof and whether they had a reasonable belief that the roof had been repaired. We therefore reverse the summary judgment on count I of plaintiffs’ complaint and remand for further proceedings.

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.

Dixon v. Chicago Board of Education · filed 1999-03-31(c)

Summary judgment is appropriate if the record shows “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2—1005(c) (West 1994). ... We find no evidence in this record that notice of the hours for use of the pool was posted anywhere on the school premises. This complete failure of proof is fatal to the plaintiffs case. Summary judgment was properly entered.

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.

Crawford v. City of Chicago · filed 1999-03-31

Summary judgment is properly granted where the pleadings, depositions, admissions on file and affidavits show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

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

Safeway Insurance v. Hister · filed 1999-03-31(c)

We are mindful that summary judgment should be granted only where the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmovant, show 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 1994); Berlin, 179 Ill. 2d at 7. ... Having reviewed the competent evidence presented, the trial court was correct in determining as a matter of law that the operator or owner of the vehicle involved in the collision with Hister could not be ascertained.

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

Dixon v. Chicago Bd. of Ed. · filed 1999-03-31(c)

Summary judgment is appropriate if the record shows "*** that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 1994). ... We find no evidence in this record that notice of the hours for use of the pool was posted anywhere on the school premises. This complete failure of proof is fatal to the plaintiff's case. Summary judgment was properly entered.

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.

Bowden v. Cary Fire Protection District · filed 1999-04-29(c)

Summary judgment is appropriate when the pleadings, depositions, and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005(c) (West 1996). ... Lacking any evidence that the EMTs’ conduct was wilful and wanton, we conclude that the trial court properly entered summary judgment on behalf of CFD.

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

Swann & Weiskopf, Ltd. v. Meed Associates, Inc. · filed 1999-04-29(c)

Summary judgment is appropriate if the record shows “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2—1005(c) (West 1994).

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

Bier v. Leanna Lakeside Property Ass'n · filed 1999-05-19(c)

Summary judgment should be granted only if the pleadings, affidavits, depositions, and admissions on file, when viewed in the light most favorable to the nonmovant, show that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law.

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.

In Re Estate of Constantine · filed 1999-05-20

Summary judgment is to be granted when the pleadings, depositions, exhibits, and affidavits on file reveal no genuine issue of material fact and establish that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005 (West 1994).

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.

Lang v. Silva · filed 1999-07-29(c)

Summary judgment should be granted only if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2— 1005(c) (West 1996).

A party opposing summary judgment need not prove its case, but must provide a factual basis that would arguably entitle it to judgment.

Reedy Industries, Inc. v. Hartford Insurance · filed 1999-07-30(c)

In order to withstand Hartford’s summary judgment motion, Reedy is not required to prove its case. However, Reedy must provide the factual basis that would arguably entitle it to 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.

Reedy Industires, Inc. v. Hartford Insurance Co. Nunc pro tunc June 11, 1999 · filed 1999-07-30(c)

A motion for summary judgment will be granted only where the "pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 1996).

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.

Smithberg v. Illinois Municipal Retirement Fund · filed 1999-08-13(c)

Summary judgment shall 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 judgment as a matter of law.

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.

McDonald's Operators Risk Mgt. Ass'n. Inc. v. Coresource, Inc. · filed 1999-08-20

Summary judgment is properly granted where the pleadings, depositions, admissions on file and affidavits show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005 (West 1996); ... The circuit court correctly so concluded; no ambiguity exists as a matter of law. Accordingly, the summary judgment in favor of CoreSource on count I of MORMA’s complaint was proper.

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.

Hubert v. Consolidated Medical Laboratories · filed 1999-08-25

When a plaintiff appeals from a trial court’s order of summary judgment in favor of a defendant, the only issue on appeal is 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.” 735 ILCS 5/2 — 1005 (West 1996); Shanley v. Barnett, 168 Ill. App. 3d 799, 802 (1988).

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.

Travelers Insurance v. Eljer Manufacturing, Inc. · filed 1999-09-09(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.

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

Cincinnati Insurance v. Guccione · filed 1999-09-28(c)

Summary judgment is properly granted if the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmovant, reveal that there exists no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.

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.

Vickers v. Abbott Laboratories · filed 1999-09-30(c)

Summary judgment shall only be granted if the pleadings, depositions and admissions, together with the 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.

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; the opposing party must present enough evidence to create a genuine factual dispute.

Montano v. City of Chicago · filed 1999-10-26

Summary judgment is proper when the pleadings, depositions, admissions and affidavits establish 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 1996). ... Although Montano need not prove that his vehicle was standing at this stage of the litigation, he must present enough evidence to create a genuine issue of material fact.

Section 2-1005(c) permits summary judgment 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.

Diefendorf v. City of Peoria · filed 1999-11-03(c)

Summary judgment should be granted only when the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue of material fact when construed in the light most favorable to the nonmoving party; therefore, the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 1996).

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.

Young v. Forgas · filed 1999-11-08(c)

Summary judgment is proper where the pleadings, depositions, admissions, and affidavits on file “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1994). ... In the present case, several, questions of fact preclude summary judgment in defendants’ favor.

Subsection (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.

Sabatino v. First American Title Insurance · filed 1999-11-17(c)

A court should enter summary judgment when the pleadings, depositions, admissions, and affidavits show there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1996).

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

Janes v. Centegra Health System · filed 1999-11-17(c)

Summary judgment is appropriate only when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1996); Purtill v. Hess, 111 Ill. 2d 229, 240 (1986).

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.

Lessman v. Rhodes · filed 1999-11-23(c)

Summary judgment is properly granted when the pleadings, depositions, and affidavits show that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

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.

Valor Insurance Co. v. Wallace · filed 1999-12-07(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 1996). ... Further, the court’s denial of Wallace’s motion for summary judgment is reversed and summary judgment is granted in favor of defendant Wallace on the issue of cancellation.

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

Sorce v. Naperville Jeep Eagle, Inc. · filed 1999-12-17(c)

We will affirm an order of summary judgment when our independent review of the record reveals two elements. First, the pleadings, depositions, and admissions together with affidavits, if any, demonstrate no genuine dispute over material facts and, second, the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1998).

Section 5/2-1005(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.

Koziol v. Hayden · filed 1999-12-17(c)

Summary judgment is proper only where the pleadings, depositions, and affidavits demonstrate no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2— 1005(c) (West 1998).

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

Melchers v. Total Electric Construction · filed 1999-12-23

Summary judgment is proper only where the pleadings, depositions, admissions, and affidavits 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 (West 1996). ... Because we find that Riverside’s right to judgment was not clear and free from doubt as a matter of law, we hold that the trial court erred in entering summary judgment in favor of Riverside.

Section 2-1005(c) permits summary judgment when the record reveals no genuine issue of material fact and the undisputed facts entitle the movant to judgment as a matter of law.

Wallis v. Country Mutual Insurance · filed 2000-01-04(c)

Though summary judgment is a drastic means of disposing of litigation (Janes v. Centegra Health System, 308 Ill. App. 3d 779, 784 (1999)), it is appropriate if two elements are present. First, the pleadings, depositions, and admissions on file, together with any affidavits, must reveal an absence of a genuine issue of material fact concerning the subject of the motion and, second, the undisputed facts must entitle the movant to judgment as a matter of law. 735 ILCS 5/2— 1005(c) (West 1998).

Section 5/2-1005 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.

Cozza v. Culinary Foods, Inc. · filed 2000-01-14

Summary judgment is proper only where the pleadings, depositions, admissions, and affidavits 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 (West 1996).

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.

Reed v. Witvoet · filed 2000-02-01(c)

Summary judgment should only be granted when the pleadings, depositions, and admissions on file, together with any affidavits, when construed 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. 735 ILCS 5/2 — 1005(c) (West 1992).

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.

Butkiewicz v. Loyola University Medical Center · filed 2000-02-07(c)

Summary judgment is properly granted if the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994).

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.

Save our Little Vermillion Environment, Inc. v. Illinois Cement Co. · filed 2000-02-17(c)

Summary judgment should be granted when the pleadings, depositions and affidavits demonstrate that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

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

Hutchcraft v. Independent Mechanical Industries, Inc. · filed 2000-03-21(c)

Summary judgment is proper only where the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that no genuine issue as to any material fact exists and that the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 1998).

Section 2-1005 does not authorize a trial court to grant summary judgment on its own initiative without giving the opposing party time to respond.

Peterson v. Randhava · filed 2000-03-27

Similar to the Post-Conviction Hearing Act at issue in Kitchen , section 2-1005 of the Code of Civil Procedure does not authorize the trial court to sua sponte summarily grant summary judgment, but allows the nonmoving party time to respond to the summary judgment motion.

Section 2-1005 does not authorize a court to grant summary judgment on its own initiative and gives the opposing party time to respond.

Peterson v. Randhava · filed 2000-04-24

Section 2 — 1005 of the Code of Civil Procedure does not authorize the trial court to sua sponte summarily grant summary judgment, but allows the nonmoving party time to respond to the summary judgment motion.

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.

Emanuel v. Hernandez · filed 2000-05-04(c)

Summary judgment is proper when the pleadings, depositions, and other matters of record establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

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

Northbrook Property & Casualty Insurance v. Applied Systems, Inc. · filed 2000-05-17(c)

Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with any affidavits, present no genuine issue of material fact and show that the moving party is entitled to judgment as a matter of law.

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.

Krause v. GE Capital Mortgage Service, Inc. · filed 2000-05-30(c)

Summary judgment shall only be granted if the pleadings, depositions, and admissions, together with the affidavits show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

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

Calhoun v. Belt Ry. Co. of Chicago · filed 2000-05-31(c)

Summary judgment is appropriate only where the pleadings, depositions, and admissions on file, together with any affidavits, present no issue of material fact and show that the moving party is entitled to judgment as a matter of law. ... We find the evidentiary materials relied on by plaintiff insufficient as a matter of law to raise a factual issue as to whether either Norfolk or CRL exercised control over Belt’s property and specifically Track 6.

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.

Nickel v. Hollywood Casino-Aurora, Inc. · filed 2000-06-06(c)

At the outset, we note that the purpose of a motion for summary judgment is to determine whether a genuine issue of triable fact exists (Purtill v. Hess, 111 Ill. 2d 229, 240 (1986)) and that such a motion should be granted only when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law” (735 ILCS 5/2 — 1005(c) (West 1998)).

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.

Fitzgibbon v. National Broadcasting Co. · filed 2000-06-19(c)

Summary judgment is appropriate if there is no genuine issue of material fact and the movant is entitled to judgment 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.

Intrastate Piping & Controls, Inc. v. Robert-James Sales, Inc. · filed 2000-06-28(c)

Summary judgment should be granted if “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 1998).

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.

Tri-State Coach Lines, Inc. v. Metropolitan Pier & Exposition Authority · filed 2000-06-30(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 1996); Allegro, 172 Ill. 2d at 256.

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.

Indeck North American Power Fund, L.P. v. Norweb PLC · filed 2000-06-30

Summary judgment is properly granted where the pleadings, depositions, admissions on file and affidavits show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

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

Rodgers v. Peoples Gas Light & Coke Co. · filed 2000-06-30(c)

Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions and admissions on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... Based upon the record before us, we hold that a question of fact existed as to whether defendant Suggs acted with malice and without probable cause to bring the narcotics charges, and whether his actions caused the institution of the criminal proceedings against the plaintiff.

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.

Trotter v. School District 218 · filed 2000-06-30(c)

Summary judgment is appropriate if the record shows “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1996).

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.

In Re Estate of Lind · filed 2000-07-13(c)

Summary judgment shall 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 judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 1998).

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.

McCarter v. Northwestern University · filed 2000-07-13(c)

Summary judgment shall 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 judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1998).