735 Ill. Comp. Stat. § 5/2-1005

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.

Insurance Co. of Illinois v. Brown · filed 2000-08-04

The only issue before this court is whether all the pleadings, depositions, admissions, 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 1998); Caterpillar, Inc. v. Aetna Casualty & Surety Co., 282 Ill. App. 3d 1065, 1068, 668 N.E.2d 1152, 1154 (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 Marriage of Devick · filed 2000-08-25(c)

We will affirm a trial court’s granting of summary judgment if the pleadings, depositions, admissions, and affidavits on file 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 on questions of law, including the interpretation of a power of attorney, when no material fact is disputed.

Fort Dearborn Life Insurance v. Holcomb · filed 2000-08-28(c)

Summary judgment is proper when the pleadings, depositions, admissions on file and any affidavits 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(c) (West 1998). The interpretation of a formal power of attorney and the effect of relevant statutory provisions on the powers granted the agent named therein are questions of law that are appropriately decided on a motion for summary judgment.

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

Country Mut. Ins. Co. v. Federated Mut. Ins. Co. · filed 2000-09-07(c)

Summary judgment is proper only where the pleadings, depositions, and affidavits demonstrate that no genuine issue of material fact exists and that the movant 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.

Bailey v. Allstate Development Corp. · filed 2000-09-29(c)

Although summary judgment is considered a drastic remedy, it is a proper method of disposing of a cause if the pleadings, depositions, admissions on file and any affidavits show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Smith v. Allstate Insurance Co., 312 Ill. App. 3d 246, 251 (1999); 735 ILCS 5/2 — 1005(c) (West 1998).

Although subsection (b) permits a defendant to move for summary judgment at any time, a plaintiff must have adequate time to gather evidence before the court grants a motion asserting that the plaintiff lacks proof.

Williams v. Covenant Medical Center · filed 2000-10-04(b)

Covenant points out that section 2 — 1005(b) of the Code states that “[a] defendant may, at any time, move with or without supporting affidavits for a summary judgment in his or her favor as to all or any part of the relief sought against him or her.” (Emphasis added.) 735 ILCS 5/2 — 1005(b) (West 1998). However, a plaintiff should be given adequate time to gather evidence when a defendant makes a Celotextype motion.

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, with the evidence viewed in the nonmoving party’s favor.

Goodwin v. McHenry County Sheriff's Department Merit Commission · filed 2000-10-24(c)

A trial court should grant summary judgment only if, after construing the evidence in the light most favorable to the nonmoving party, “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.” ... The mere uncertainty of outcome does not create a genuine issue with regard to opportunity.

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.

Continental Cas. Co. v. Coregis Ins. Co. · filed 2000-11-15(c)

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

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

Zimmerman v. Illinois Farmers Insurance · filed 2000-11-15

We further conclude that no genuine issue of material fact existed. Therefore, we hold that plaintiff was entitled to summary judgment in her favor as a matter of law.

Section 2-1005(c) allows 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.

Bishop v. Burgard · filed 2000-12-01(c)

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

Mijes v. Primerica Life Insurance · filed 2000-12-06(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 permits summary judgment motions, subject to appropriate court rules governing when they may be presented.

Silverstein v. Brander · filed 2000-12-11

RIC and Brander also argue that our opinion shows a conflict between section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 1998)) and Rule 2.1(e) of the circuit court of Cook County (Cook Co. Cir. Ct. R. 2.1(e) (eff. July 1, 1976)). We disagree. The general permission to file motions for summary judgment does not prevent the court from creating appropriate rules, including timing rules, for presentation of such motions.

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.

Alliance Syndicate, Inc. v. Parsec, Inc. · filed 2000-12-19(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).

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.

In Re Conservation of Alpine Ins. Co. · filed 2000-12-21(c)

Summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits, when taken together and in the light most favorable to the non-movant, 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 1998); Majca v. Beekil, 183 Ill.2d 407, 416, 233 Ill.Dec. 810, 701 N.E.2d 1084 (1998).

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

Wrobel v. City of Chicago · filed 2000-12-27(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.

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.

Stewart v. Jones · filed 2001-01-12(c)

Pursuant to section 2 — 1005(c) of the Code of Civil Procedure (735 ILCS 5/2 — 1005(c) (West 1998)), a court should enter summary judgment if the pleadings, depositions, admissions, 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.

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.

Thompson v. Country Mutual Insurance Co. · filed 2001-03-06(c)

Summary judgment should only be granted if the pleadings, depositions, and admissions, together with affidavits on file, show 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 favorably to the nonmoving party, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Sollami v. Eaton · filed 2001-03-21(c)

Summary judgment should only be granted when the pleadings, depositions, and admissions on file, together with any affidavits, when viewed in a light most favorable to the nonmoving party, show there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. ... Therefore, summary judgment was not appropriate.

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.

Primeco Personal Communications, L.P. v. Illinois Commerce Commission · filed 2001-03-29(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 1998). The parties in this case agree that there were no contested issues of material fact to be resolved by a fact finder. Therefore, summary judgment in this case was unquestionably appropriate.

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.

W.E. O'Neil Construction Co. v. General Casualty Co. · filed 2001-03-30(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 1998). ... The trial court did not err in entering summary judgment in favor of Assurance.

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.

Jarmuth v. Aldridge · filed 2001-03-30(c)

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

ILLINOIS DEPT. OF PUBLIC HEALTH v. Jackson · filed 2001-04-10(c)

Summary judgment is appropriate if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that no genuine issue as to any material fact exists and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 1998). ... However, there are genuine issues of fact whether (1) the Department was damaged by that breach, (2) Jackson should be entitled to any further credits, (3) any treble damages would be appropriate, and (4) the Department is estopped by its conduct from seeking any damages.

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

Lyon Metal Products, L.L.C. v. Protection Mutual Insurance · filed 2001-04-16(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). ... Accordingly, there was no factual basis that would arguably entitle Lyon to a judgment on this claim. Therefore, the trial court did not err in granting summary judgment for Protection Mutual on the Insurance Code claim.

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

Farmers Automobile Insurance v. Williams · filed 2001-04-16(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. ... We believe that reasonable persons could draw wholly divergent inferences from the facts of this case.

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

Forest Glen Community Homeowners Ass'n v. Bishof · filed 2001-04-17(c)

A trial court should grant summary judgment only if, after construing the evidence in the light most favorable to the nonmoving party, “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); Hubert v. Consolidated Medical Laboratories, 306 Ill. App. 3d 1118, 1125 (1999).

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.

Rivera v. Arana · filed 2001-05-09(c)

A motion for summary judgment is properly granted when the pleadings, depositions, admissions, and affidavits on file establish that no genuine issue as to any material fact exists and, therefore, the moving party is entitled to 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.

Suburban Insurance Services, Inc. v. Virginia Surety Co. · filed 2001-05-10

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

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.

Brile v. Estate of Brile · filed 2001-05-10(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 1998). ... Furthermore, a question of fact exists as to who was negligent and to what extent.

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

Montgomery Ward and Co. v. Home Ins. Co. · filed 2001-05-18(c)

Summary judgment is properly entered when the pleadings, depositions, admissions and affidavits, viewed in a light most favorable to the nonmovant, fail to establish a 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 1998); Aetna Casualty, 304 Ill. App. 3d at 39, 709 N.E.2d at 684.

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.

Maple Lanes, Inc. v. News Media Corp. · filed 2001-06-05(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. 735 ILCS 5/2 — 1005(c) (West 1998).

Section 2-1005(c) permits summary judgment only when the moving party is entitled to judgment as a matter of law; a triable issue of material fact precludes it.

Pavlik v. Wal-Mart Stores, Inc. · filed 2001-06-28(c)

Summary judgment is to be granted only when the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005(c) (West 1998). ... Based upon the foregoing analysis, we find that the plaintiff presented at least some evidence of actual notice of the spilled conditioner on the defendant’s part prior to the accident, thereby creating a triable issue of material fact precluding summary judgment.

An order denying summary judgment is interlocutory and may be modified or vacated before final judgment.

Watts v. City of Chicago · filed 2001-09-24

An order denying summary judgment is interlocutory in nature and may be modified or vacated at any time before final judgment.

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

Arnett v. Snyder · filed 2001-10-30(c)

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

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.

Grobe v. Hollywood Casino-Aurora, Inc. · filed 2001-11-02(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 2000). If fair-minded people could draw different inferences from the undisputed facts, summary judgment should not be granted.

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.

Sterling Homes, Ltd. v. Rasberry · filed 2001-11-05(c)

Accordingly, we find that there is no genuine issue of material fact and that the plaintiff is entitled to judgment as a matter of law.

A response brief that satisfies section 2-1005’s requirements and requests judgment for the responding party can constitute a cross-motion for summary judgment.

People Ex Rel. Department of Professional Regulation v. Manos · filed 2001-11-26

Upon examination, however, defendants’ “Response Brief in Opposition to the Department of Professional Regulation’s Motion for Summary Judgment” satisfies all the statutory requirements of section 2 — 1005 of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 1005 (West 2000)). Therefore, as explained in this opinion, the “response brief’ filed by defendants on June 27, 2000, was, in the opinion of this court, a cross-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.

Ferrell v. Esparza · filed 2001-12-07

A summary judgment is properly granted if the pleadings, depositions, admissions, and affidavits 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 (West 1994). ... Based upon this record, the summary judgment was properly granted in favor of plaintiff on the issue of liability.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact remains and the moving party’s right to judgment is clear and free from doubt.

Volpe v. IKO Industries, Ltd. · filed 2002-01-24(c)

Summary judgment is appropriate when there is no genuine issue of material fact and the moving party’s right to judgment is clear and free from doubt. 735 ILCS 5/2 — 1005(c) (West 1998); Hoover, 155 Ill. 2d at 410. ... Because the plaintiffs failed to submit counter-evidentiary material to rebut this evidence, their claim of strict product liability must fail as there is no genuine issue of material fact on the question of whether the design of the oxidizer tank before it was altered by IKO Chicago was unreasonably dangerous.

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.

General Auto Service Station v. Maniatis · filed 2002-03-08(c)

Summary judgment is properly entered when the pleadings, depositions, admissions, and affidavits fail to establish a genuine issue of material fact and the movant is entitled to judgment as a matter of law. ... Given the facts and circumstances in this case, including the complete lack of evidence necessary to sustain a key element of the City’s claimed dedication, the trial court erred in denying GASS’s motion for partial summary judgment on count I of its complaint.

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.

Thompson v. Village of Newark · filed 2002-05-03(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 1998). The parties agree that there were no contested issues of material fact to be resolved. Therefore, summary judgment was unquestionably appropriate.

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.

Wortel v. Somerset Industries, Inc. · filed 2002-05-24(c)

Summary judgment is properly granted where the pleadings, depositions, admissions, affidavits and exhibits 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 entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 1998); Petrovich, 188 Ill.2d at 30-31, 241 Ill.Dec. 627, 719 N.E.2d at 764.

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

Lara v. Hyundai Motor America · filed 2002-05-29(c)

Summary judgment is appropriate where the pleadings, affidavits, depositions, and admissions on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1998); Bier v. Leanna Lakeside Property Ass’n, 305 Ill. App. 3d 45, 50 (1999). ... Therefore, after viewing the evidence in the light most favorable to plaintiff, we conclude that the trial court erroneously entered summary judgment for defendant on the express warranty count.

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; the opposing party must present a factual basis to survive the motion.

Robidoux v. Oliphant · filed 2002-06-20(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 1998); Gilbert v. Sycamore Municipal Hospital, 156 Ill.2d 511, 517-18, 190 Ill.Dec. 758, 622 N.E.2d 788 (1993). The purpose of summary judgment is not to try a question of fact, but to determine if one exists. Gilbert, 156 Ill.2d at 517, 190 Ill.Dec. 758, 622 N.E.2d 788. Although a plaintiff is not required to prove his case at the summary judgment stage, in order to survive a motion for summary judgment, the nonmoving party must present a factual basis that would arguably entitle the party to a judgment.

Section 2-1005(c) permits summary judgment when the plaintiff cannot produce evidence supporting an essential element of the claim.

McCoy Ex Rel. Jones v. Chicago Hous. Auth. · filed 2002-08-08(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show thát there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2000). ... Because plaintiff has failed to produce evidence from which an inference of the existence of a duty by CHA can be drawn, we find that the trial court properly granted defendant’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.

Wausau Insurance v. All Chicagoland Moving & Storage Co. · filed 2002-09-27(c)

Summary judgment is appropriate where the pleadings, affidavits, depositions, and admissions on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1998); Bier v. Leanna Lakeside Property Ass’n, 305 Ill. App. 3d 45, 50 (1999). ... Furthermore, Chicagoland created a question of material fact on the damages issue when it introduced evidence that a potentially comparable microscope was on sale for only $65,000.

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

Miranda v. Coutee · filed 2002-10-29(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 the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1998). ... Accordingly, defendants are not entitled to judgment as a matter of law.

Section 2-1005(c) requires courts to view the record in the light most favorable to the nonmoving party and deny summary judgment when a material factual issue remains.

Land v. Board of Educ. of City of Chicago · filed 2002-11-21(c)

We must view the record in the light most favorable to the nonmoving party. 735 ILCS 5/2 — 1005(c) (West 2000). ... Viewing the record in the light most favorable to the plaintiffs, summary judgment for the Board is inappropriate.

Section 5/2-1005(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; the evidence is viewed in the nonmovant’s favor.

Fabiano v. City of Palos Hills · filed 2002-11-25(c)

Viewing the evidence presented in support of defendants’ motion for summary judgment in the light most favorable to the Fabianos — as this court is required to do (Colvin v. Hobart Brothers, 156 Ill. 2d 166, 170 (1993); 735 ILCS 5/2 — 1005(c) (West 1996)) — the undisputed facts do not compel a conclusion that the allegations of abuse were corroborated by medical evidence or that any of the statements proffered to support probable cause were otherwise reliable (Jackson Jordan, 158 Ill. 2d at 250; Kincaid, 283 Ill. App. 3d at 565).

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.

Yates v. Shackelford · filed 2002-12-27(c)

“Summary judgment is proper 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.” ... Junkins acted as a reasonably careful driver under the circumstances and Yates failed to establish a material question of fact as to Junkins’ alleged negligence.

Section 2-1005(d) permits summary judgment on fewer than all major issues, leaving the remaining issues for trial.

Heiden v. Cummings · filed 2003-03-13(d)

On a motion for summary judgment, the court may make a summary determination of fewer than all of the major issues in the case and set the case for trial on the remaining issues. 735 ILCS 5/2 — 1005(d) (West 2000). ... Applying these principles, we conclude that the trial court properly entered partial summary judgment for defendant with respect to the allegations that he negligently executed his tee shot.

Section 2-1005 permits summary judgment when no material fact is disputed and judgment as a matter of law is appropriate.

Montalbano Builders, Inc. v. Rauschenberger · filed 2003-07-25

Summary judgment, of course, is appropriate when the evidence before the court establishes that there are no disputed issues of fact between the parties and that judgment as a matter of law is appropriate. 735 ILCS 5/2 — 1005 (West 2002). In this case, since Montalbano has produced no evidence that creates a disputed issue of fact, judgment for Rauschenberger was appropriate.

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.

Rexroad v. City of Springfield · filed 2003-08-21(c)

Summary judgment is proper when the pleadings, affidavits, depositions, admissions, and exhibits on file, viewed in the light most favorable to the nonmovant, demonstrate that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. ... Under these circumstances, we find that summary judgment in favor of defendants based on the alleged open and obvious nature of the condition on the premises would be inappropriate.

Section 2-1005(c) permits summary judgment when the nonmoving party fails to present evidence creating a genuine dispute over a material fact.

Crichton v. Golden Rule Insurance · filed 2005-06-13(c)

A summary judgment is proper where the pleadings, depositions, and admissions on file, together with the affidavits, if any, reveal that there is no genuine issue on any material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2— 1005(c) (West 2002); Shannon v. Boise Cascade Corp., 208 Ill. 2d 517, 523-24 (2004). ... Because we hold that the plaintiff failed to counter FACT’S motion for a summary judgment and attach affidavits with evidence that created a genuine issue of material fact with regard to his statutory consumer fraud claim or his breach of fiduciary duty claim, the plaintiffs claims fail, and we need not address the statute of limitations issue.

Section 2-1005 permits successive motions for summary judgment, and a court may grant a motion after previously denying it.

Buffa v. Haideri · filed 2005-11-16

Accordingly, to reverse on the grounds that the trial court improperly considered new evidence would be little more than an empty gesture, because the Authority could simply file another summary judgment motion including the evidence and setting the stage for another appeal raising the same substantive issue.

Cross-motions for summary judgment under section 2-1005(c) invite the court to decide the issues presented as a matter of law.

Founders Insurance v. Contreras · filed 2005-12-20(c)

Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with any affidavits and exhibits, when viewed in the light most favorable to the nonmoving party, 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 2000); Bier v. Leanna Lakeside Property Ass’n, 305 Ill. App. 3d 45, 50, 711 N.E.2d 773 (1999). As in this case, where the parties file cross-motions for summary judgment, they invite the court to decide the issues presented as a matter of law. Lexmark International, Inc. v. Transportation Insurance Co., 327 Ill. App. 3d 128, 134, 761 N.E.2d 1214 (2001). Applying these principles, we conclude that the trial court did not err in granting summary judgment in favor of Founders Insurance.

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; the opposing party must present some factual basis for recovery.

Ibata v. Board of Education of Edwardsville Community Unit School District No. 7 · filed 2006-05-12(c)

A summary judgment should be granted without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue regarding any material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2002). Although the plaintiff is not required to prove his case to oppose a motion for a summary judgment, he must present some factual basis that would entitle him to a judgment. Ibata simply did not.

Section 2-1005(c) requires the moving party to show that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law, even when the motion is unopposed.

Forest Preserve District v. Illinois Labor Relations Board · filed 2006-12-21(c)

Further, the standard for granting summary judgment is not whether a party filed a response but whether the right of the moving party is clear and free from doubt. Midfirst Bank v. Abney, 365 Ill. App. 3d 636, 643 (2006). “Summary judgment is appropriate only where ‘the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ” Midfirst Bank, 365 Ill. App. 3d at 643, quoting 735 ILCS 5/2 — 1005(c) (West 2002). When a motion for summary judgment is unopposed, the court must nonetheless conduct an examination to determine whether the moving party is entitled to summary judgment. Midfirst Bank, 365 Ill. App. 3d at 643. For these reasons, we reject the District’s argument that its affirmative defenses should have been deemed admitted and motion for summary judgment should have been granted against Local 726.

Section 2-1005(c) permits summary judgment on a negligence claim when the existence of a duty is a question of law.

Phillips v. Budget Rent-A-Car Systems, Inc. · filed 2007-02-08(c)

Since the question of whether a duty of care exists is a question of law (Adams, 211 Ill. 2d at 43), it constituted a proper issue for summary judgment.

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.

Wilkerson v. County of Cook · filed 2008-02-25(c)

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. ... Whether immunity was warranted was strictly a matter of law and, thus, properly resolved by summary judgment.

Section 2-1005(c) allows the court to decide a case as a matter of law when no genuine issue of material fact exists; responding to a summary-judgment motion only with a cross-motion admits that no such issue exists.

EQUITY BUSINESS BROKERS, LTD. v. Adair · filed 2008-08-08(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 2006). ... Defendant responded to the plaintiff’s motion for summary judgment with only a cross-motion for summary judgment. In so doing, the defendant admitted that there were no genuine issues of material fact; the trial court was entitled to decide the case as a matter of law based on the record.

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.

Mercado v. Village of Addison · filed 2008-10-22(c)

Initially, we note that 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 2006).

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.

Mitchell v. Special Education Joint Agreement School District No. 208 · filed 2008-10-22(c)

“Summary judgment is appropriate where the pleadings, depositions, admissions and affidavits on file, viewed in the light most favorable to the nonmoving party, reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” ... Once again, we cannot say that the school staffs actions showed an “utter disregard” for Daniel’s safety, and Daniel came forward with no evidence to the contrary.

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.

Aidroos v. Vance Uniformed Protection Services, Inc. · filed 2008-10-31(c)

Summary judgment can only be entered “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.” 735 ILCS 5/2 — 1005(c) (West 2006); Prairie v. University of Chicago Hospitals, 298 Ill. App. 3d 316, 319 (1998). ... The trial court properly granted summary judgment in favor of defendants because they had no duty to protect plaintiffs from third-party criminal acts.

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.

Cincinnati Insurance v. American Hardware Manufacturers Ass'n · filed 2008-11-12(c)

Summary judgment should be granted only if the pleadings, depositions, admissions and affidavits, construed liberally and in favor of the nonmoving party, demonstrate that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law.

When a motion for partial summary judgment under section 2-1005 is denied and the case proceeds to trial, the denial merges into the judgment and is not separately appealable.

Larsen v. Carle Foundation · filed 2008-11-21

The trial court denied the motion and conducted a bench trial on plaintiff's second-amended complaint. Thus, plaintiff's motion for partial summary judgment merges with the January 2008 directed finding. Accordingly, we will not address plaintiff's argument on this issue.

Section 5/2-1005(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.

State Farm Mutual Automobile Insurance v. Enterprise Leasing Co. · filed 2008-11-21(c)

Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with any affidavits and exhibits, when viewed in the light most favorable to the nonmoving party, 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 2004).

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

Davidson v. Perry · filed 2008-11-26(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 find no questions of material fact exist as to exclusivity, and plaintiffs' materials in support of their second summary-judgment motion were sufficient to prove exclusivity clearly and unequivocally.

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.

Tarsitano v. The Board of Education of Township High School District 211 · filed 2008-11-30(c)

Summary judgment should only be granted if the pleadings, depositions, and the admissions on file, together with affidavits, if any, present no genuine issue of material fact and ... that the moving party is entitled to judgment as a matter of law. See 735 ILCS 5/2-1005(c) (West 2006).

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.

Day v. Menard, Inc. · filed 2008-12-02(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 2006). ... Therefore, the plaintiff cannot show that there was a reasonable certainty that the defendant’s failure to perform caused her injury, and we find the trial court properly granted the defendant’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.

St. Paul Fire and Marine Insurance Co. v. Antel Corp. · filed 2008-12-12(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 2004).

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.

Ioerger v. HALVERSON CONST. CO., INC. · filed 2008-12-18(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 2000).

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.

Westport Insurance v. Jackson National Life Insurance · filed 2008-12-19(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2006). We review de novo the trial court’s ruling on a summary judgment motion. Jones v. Chicago HMO Ltd. of Illinois, 191 Ill. 2d 278, 291 (2000). Here, the material facts are not in dispute. Whether the policy issued by Westport covers Handleman’s liability is a question of law.

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.

Garcia v. Wooton Construction, LTD. · filed 2008-12-29(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 2006); Purtill v. Hess, 111 Ill. 2d 229, 240, 489 N.E.2d 867 (1986).

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.

Carcia v. Wooton Construction, LTD · filed 2008-12-29(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 2006); Purtill v. Hess, 111 Ill. 2d 229, 240, 489 N.E.2d 867 (1986).

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.

Grillo v. Yeager Construction · filed 2008-12-31(c)

A grant of summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits demonstrate no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2006). ... Forfeiture aside, we find that the circuit court properly entered summary judgment where defendant failed to provide any showing that the Shakirs retained control over the construction project and safety at the jobsite.

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

Richardson v. Bond Drug Co. of Illinois · filed 2009-01-14

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.

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.

Demitro v. General Motors Acceptance Corp. · filed 2009-02-09(c)

Moreover, we find that the trial court did not err in granting summary judgment to plaintiff on this issue because there were no genuine issues of material fact.

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.

Hacker v. Shelter Insurance · filed 2009-02-10(c)

A 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 2006). The interpretation of an insurance policy and the coverage provided are questions of law that are appropriate for resolution through summary judgment.

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

Suburban Auto Rebuilders, Inc. v. Associated Tile Dealers Warehouse, Inc. · filed 2009-02-10

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.

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.

Herman v. Power Maintenance & Constructors, LLC. · filed 2009-02-18(c)

Thus, in our de novo review (Viking Construction Management, Inc. v. Liberty Mutual Insurance Co., 358 Ill. App. 3d 34, 41, 831 N.E.2d 1, 6 (2005)), we will affirm a summary judgment only if we find two propositions to be true: (1) the record reveals no genuine issue as to any material fact, and (2) the moving party is entitled to judgment as a matter of law (735 ILCS 5/2 — 1005(c) (West 2006)).

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.

DORGE v. Martin · filed 2009-03-10(c)

A drastic means of disposing of litigation, a motion for summary judgment 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.” 735 ILCS 5/2 — 1005(c) (West 1994); Axen v. Ockerlund Construction Co., 281 Ill. App. 3d 224, 229, 666 N.E.2d 693, 696 (1996); Purtill v. Hess, 111 Ill. 2d 229, 240, 489 N.E.2d 867, 871 (1986). ... The court did not err in granting summary judgment to Martin.

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.

Adames v. Sheahan · filed 2009-03-19(c)

Summary judgment is proper only where “the pleadings, depositions, and admission on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2000).

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

Founders Insurance v. Muñoz · filed 2009-03-27

It is well settled that a grant of summary judgment is appropriate only where the pleadings, depositions, admissions and affidavits confirm 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 2006). ... Therefore, summary judgment was not appropriate on this issue.

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.

Fan v. AUSTER CO., INC. · filed 2009-03-30(c)

A trial court may grant a motion for 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 2006).

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.

Diguilio v. Goss International Corp. · filed 2009-04-30(c)

Trial courts should only grant summary judgment where “ ‘the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ” Williams, 228 Ill. 2d at 417, quoting 735 ILCS 5/2 — 1005(c) (West 2002).

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.

Weather-Tite, Inc. v. University of St. Francis · filed 2009-05-21(c)

Summary judgment is appropriate when “there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2002). In this case there are no issues of material fact and, as a matter of law, Excel is entitled to enforce its mechanics Hen under the Act. Excel is, therefore, entitled to entry of summary judgment.

Section 5/2-1005(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.

Midwest Trust Services, Inc. v. Catholic Health Partners Services · filed 2009-06-08(c)

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

Summary judgment is proper 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 entitled to judgment as a matter of law.

DeSaga v. West Bend Mutual Insurance · filed 2009-06-15(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 2006); Adams, 211 Ill. 2d at 43, 809 N.E.2d at 1256. ... Instead, we grant plaintiffs motion for summary judgment on this issue and remand the case to the trial court 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.

Illinois State Bar Ass'n Mutual Insurance v. Mondo · filed 2009-06-30(c)

Summary judgment should only be granted if the pleadings, depositions, and the admissions on file, together with affidavits, if any, present 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 record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Steinbach v. CSX Transportation, Inc. · filed 2009-07-16(c)

Subsection 2 — 1005(c) provides, in part: “The opposite party may prior to or at the time of the hearing on the motion file counter affidavits. The judgment sought shall be rendered without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” ... Therefore, we examine the facts contained within the record to determine whether the trial court’s decision to grant summary judgment on behalf of the City can be upheld.

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

Complete Conference Coordinators, Inc. v. Kumon North America, Inc. · filed 2009-08-14(c)

Summary judgment is appropriate only where “ ‘the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ” Maxit, Inc. v. Van Cleve, 231 Ill. 2d 229, 235 (2008), quoting 735 ILCS 5/2 — 1005(c) (West 2004). ... In short, we agree with the trial court, and with defendant, that plaintiff failed to produce any evidence tending to prove that defendant induced Kumon to breach its contract with plaintiff.

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.

Steinbach v. CSX Transp., Inc. · filed 2009-08-17(c)

Next, we examine whether the facts were undisputed on the material issue of whether the location of the accident qualified as City property according to the definition of "property" under the Act. ... We disagree with the trial court's finding that "there cannot be any dispute that Bryant Steinbach was * * * a trespasser."

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.

Irwin Industrial Tool Co. v. Department of Revenue · filed 2009-09-11(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 2004); see also Fidelity National Title Insurance Co. of New York v. Westhaven Properties Partnership, 386 Ill. App. 3d 201, 212 (2007), citing Home Insurance Co. v. Cincinnati Insurance Co., 213 Ill. 2d at 315.

Section 2-1005(g) permits amendment after summary judgment on just and reasonable terms, but a court may deny an amendment that would not cure the pleading or affect the judgment.

Country Mutual Insurance v. D & M Tile, Inc. · filed 2009-09-29(g)

Section 2-1005(g) of the Code of Civil Procedure provides that after the entry of summary judgment the court shall permit pleadings to be amended upon just and reasonable terms. 735 ILCS 5/2-1005(g) (West 2006). ... The proposed amendment would not have cured the defendants' answers or rendered summary judgment inappropriate in this case. Thus, the court did not abuse its discretion by denying the defendants' motion to vacate its order and allow the defendants to file amended answers.

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.

Pajic v. Old Republic Insurance · filed 2009-09-30

Summary judgment is proper where the pleadings, depositions, affidavits and admissions on file show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... Thus, our de novo review of the law and record on appeal leads us to conclude that there was no issue as to any material fact and that Old Republic was entitled to summary judgment as a matter of law.

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.

Madden v. F.H. Paschen/S.N. Nielson, Inc. · filed 2009-09-30(c)

Summary judgment is appropriate if, “when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits 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.” General Casualty Insurance, 199 Ill. 2d at 284, 769 N.E.2d at 20, citing 735 ILCS 5/2 — 1005(c) (West 2006).

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.

McLaughlin v. STERNBERG LANTERNS, INC. · filed 2009-10-16(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 (People ex rel. Barsanti v. Scarpelli, 371 Ill. App. 3d 226, 231 (2007)) 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 judgment as a matter of law” (735 ILCS 5/2 — 1005(c) (West 2006)).

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.

Henry v. Panasonic Factory Automation Co. · filed 2009-10-22(c)

Summary judgment is appropriate only where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2004). ... Plaintiffs have failed to set forth expert opinion testimony that the MSH’s design was unreasonably dangerous. Therefore, the trial court properly granted Panasonic’s motion for summary judgment.

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

Thompson v. Gordon - Supplemental Filed 02/03/10 · filed 2009-11-19(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 2006). ... Because we conclude that plaintiff has presented at least enough evidence to create questions of fact regarding defendants’ breach of duty and their causation of plaintiffs injury, we disagree with the trial court’s determination that defendants were entitled to summary judgment on those matters.

Section 2-1005(c) allows 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.

Plock v. BOARD OF EDUC. OF FREEPORT SCHOOL · filed 2009-12-08(c)

A motion for summary judgment is properly granted when the pleadings, depositions, admissions, and affidavits on file establish that no genuine issue of material fact exists and 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.

Statewide Insurance v. Houston General Insurance · filed 2009-12-14(c)

Summary judgment can only be entered "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." 735 ILCS 5/2-1005(c) (West 2006); Prairie v. University of Chicago Hospitals, 298 Ill. App.3d 316, 319, 232 Ill.Dec. 520, 698 N.E.2d 611 (1998).

Section 2-1005(c) permits summary judgment 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.

Kepple & Co. v. Cardiac, Thoracic & Endovascular Therapies, S.C. · filed 2009-12-16(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 2008); Adams, 211 Ill. 2d at 43, 809 N.E.2d at 1256. ... Cardiac Thoracic, therefore, was clearly entitled to judgment as a matter of law on Kepple’s claim for breach of the services contract. The trial court correctly granted summary judgment in favor of Cardiac Thoracic.

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.

Berglind v. PAINTBALL BUSINESS ASS'N · filed 2009-12-24(c)

Based on these facts and circumstances, we cannot say that the 11-month delay in notifying Northland of the March 21 incident was unreasonable as a matter of law because there are factual issues that must be decided 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.

SwedishAmerican Hospital Ass'n v. Illinois State Medical Inter-Insurance Exchange · filed 2009-09-18(c)

A motion for summary judgment is properly granted when the pleadings, depositions, admissions, and affidavits on file establish 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(c) (West 2006); Chatham Foot Specialists, P.C. v. Health Care Service Corp., 216 Ill. 2d 366, 376 (2005). ... Therefore, the trial court properly granted summary judgment in favor of ISMIE as to count III of the complaint.

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.

Qureshi v. Ahmed · filed 2009-09-30

Summary judgment is appropriate where 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 2006). ... Without a clearly articulable danger, and with considerable dispute as to the obviousness of that danger to a child, summary judgment was not proper and we cannot conclude as a matter of law that no duty existed because the risk of harm posed by that danger was open and obvious.

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; cross-motions present the questions for decision as matters of law.

Chicago Hospital Risk Pooling Program v. Illinois State Medical Inter-Insurance Exchange · filed 2010-01-26(c)

Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits 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. 735 ILCS 5/2—1005(c) (West 2006); Kajima Construction Services, Inc. v. St. Paul Fire & Marine Insurance Co., 227 Ill. 2d 102, 106 (2007). When parties file cross-motions for summary judgment, they concede the absence of a genuine issue of material fact and invite the court to decide the questions presented as a matter of law.

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.

Thompson v. Gordon · filed 2010-02-03(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 2006).

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.

Pence v. Northeast Illinois Regional Commuter Railroad Corporation · filed 2010-02-03(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 judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2006).

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.

Pence v. NORTHEAST ILL. COMMUTER RR CORP. · filed 2010-02-11(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 judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2006).

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.

Haake v. TOWNSHIP HIGH SCHOOL GLENBARD · filed 2010-03-15

A motion for summary judgment is properly granted 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. 735 ILCS 5/2 — 1005 (West 2006); Gaylor v. Village of Ringwood, 363 Ill. App. 3d 543, 546 (2006).

Section 2-1005(c) permits 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.

Schultz v. Illinois Farmers Insurance · filed 2010-03-18(c)

Such motions are governed by section 2 — 1005 of the Code of Civil Procedure (735 ILCS 5/2 — 1005 (West 2008)). Pursuant to that statute, 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.

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.

Lemmenes v. Orland Fire Protection District · filed 2010-03-23(c)

Summary judgment is proper when “pleadings, affidavits, depositions and admissions of record, when viewed in the light most favorable to the nonmoving party, show there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” McLear v. Village of Barrington, 392 Ill. App. 3d 664, 669-70, 910 N.E.2d 644, 649 (2009); see also 735 ILCS 5/2 — 1005(c) (West 2006).

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 entitled to judgment as a matter of law.

CLARK INVESTMENTS, INC. v. Airstream, Inc. · filed 2010-03-23(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.

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 movant is entitled to judgment as a matter of law.

MELROSE PARK SUNDRIES, INC. v. Carlini · filed 2010-03-30(c)

Summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits on file, viewed in the light most favorable to the nonmoving party, show there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. ... Viewing the pleadings and evidentiary material in the light most favorable to Melrose Park, we conclude that the trial court properly entered summary judgment in favor of Carlini.

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.

Zahl v. Krupa · filed 2010-04-13(c)

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

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.

PASSALINO v. City of Zion · filed 2010-04-22(c)

Summary judgment is appropriate where the pleadings, depositions and admissions together with any affidavits show there is no genuine issue of material fact and that movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2006).

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.

Turner v. Northern Illinois Gas Co. · filed 2010-04-28(c)

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

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.

Tannehill v. Costello · filed 2010-05-10(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. 735 ILCS 5/2-1005(c) (West 2008); Gilbert v. Sycamore Municipal Hospital, 156 Ill.2d 511, 517-18, 190 Ill.Dec. 758, 622 N.E.2d 788 (1993). ... For the foregoing reasons, the trial court properly granted summary judgment in defendant's favor.

When the facts are undisputed, section 2-1005 permits the court to decide which party is entitled to summary judgment as a matter of law.

Rhone v. First American Title Insurance · filed 2010-05-17(c)

Because the facts are not in dispute, this case presents only a question of law as to which party is entitled to summary judgment.

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.

Ridenour v. Carl Sandburg Village No. 7 Condominium Ass'n · filed 2010-05-19(c)

Summary judgment should only be granted if the pleadings, depositions, and admissions on file, together with affidavits, if any, present 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 2006). ... Accordingly, the trial court properly entered partial summary judgment in favor of plaintiffs on this basis.

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.

Bank of America, N.A. v. Carpenter · filed 2010-05-24(c)

Summary judgment is proper where the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmoving party, reveal 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 2008). ... We remand this matter to the trial court with directions to enter summary judgment in favor of the trustee and income beneficiaries by adopting interpretation 1.

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.

Krickl v. Girl Scouts, Illinois Crossroads Council, Inc. · filed 2010-06-15(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 2008).

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

Atanus v. American Airlines, Inc. · filed 2010-06-18(c)

Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with any affidavits and exhibits, when viewed in the light most favorable to the nonmoving party 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 2008).

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, including when a declaratory judgment action turns solely on interpreting a contract.

Bright Horizons Children's Centers, LLC v. Riverway Midwest II, LLC · filed 2010-06-25(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 2006). A trial court may enter summary judgment in actions for declaratory judgment brought pursuant to section 2 — 701 of the Code (735 ILCS 5/2 — 701 (West 2006)), where there are no questions of material fact and where the only question for the trial court is one of legal interpretation of the parties’ contract.

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.

Johnson v. Ingalls Memorial Hospital · filed 2010-06-29(c)

Summary judgment is proper where the pleadings, depositions, admissions, and affidavits on file, when viewed in the light most favorable to the nonmoving party, reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2006).

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.

Raleigh v. Alcon Laboratories, Inc. · filed 2010-08-06(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. 735 ILCS 5/2 — 1005(c) (West 2000); Fitzgibbon, 314 Ill. App. 3d at 54. ... This evidence is a woefully insufficient basis upon which to proceed in a claim of professional negligence and the trial court was right to grant 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.

Sanchez v. Wilmette Real Estate & Management Co. · filed 2010-08-19(c)

Here, we find no material issues of fact in dispute and we find that the defendants were entitled to a judgment as a matter of law. Accordingly, the trial court did not err when it granted the 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.

Pekin Insurance v. Pulte Home Corp. · filed 2010-08-25(c)

Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with any affidavits and exhibits, when viewed in the light most favorable to the nonmoving party, indicate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2006).

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.

Brobbey v. ENTERPRISE LEASING OF CHICAGO · filed 2010-08-27(c)

Summary judgment is appropriate when the pleadings, depositions and admissions 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 2008). ... Thus, there is no genuine issue of material fact that Enterprise did not have actual knowledge of this manufacturing defect. ... Pursuant to our de novo review, we find that the circuit court properly granted summary judgment to Enterprise on plaintiffs’ strict liability claim pursuant to section 2 — 621.

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.

Yunker v. Farmers Automobile Management Corp. · filed 2010-09-09(c)

Summary judgment is appropriate where, construing the pleadings, depositions, admissions and affidavits strictly against the movant and liberally for the nonmoving party, there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2006); Kujbida v. Horizon Insurance Agency, Inc., 260 Ill. App. 3d 1001, 1003, 632 N.E.2d 151, 153 (1994). ... As there are no genuine issues of material fact, the trial court properly granted summary judgment in favor of Pekin.

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.

Morrissey v. Arlington Park Racecourse, LLC · filed 2010-09-10(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.”

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.

Zdeb v. Allstate Ins. Co. · filed 2010-09-17(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 2006). ... Therefore, we conclude that trial court properly granted summary judgment in favor of Allstate and denied plaintiff's cross-motion for summary judgment.

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.

Pritza v. Village of Lansing · filed 2010-11-24(c)

Summary judgment should be granted “without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2008).

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.

Pielet v. Pielet · filed 2010-11-29(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 2008).

Section 2-1005(c) permits 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.

Kleiber v. Freeport Farm and Fleet, Inc. · filed 2010-12-02(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 2008); Adams, 211 Ill.2d at 43, 284 Ill.Dec. 302, 809 N.E.2d at 1256.

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.

Gandy v. Kimbrough · filed 2010-12-22(c)

Summary judgment may be granted when the pleadings, depositions, admissions and affidavits on file demonstrate 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 2006).

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.

Benson v. Stafford · filed 2010-12-23(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 2008).

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.

Village of Palatine v. Palatine Associates, LLC · filed 2010-12-17(c)

The Code of Civil Procedure (Code) permits a trial court 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 2008).

Section 2-1005(c) permits summary judgment 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 entitled to judgment as a matter of law.

KOCZOR v. Melnyk · filed 2011-01-28(c)

Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with any affidavits and exhibits, when viewed in the light most favorable to the nonmoving party, 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 2004). ... Plaintiffs have not demonstrated a question of material fact. Because plaintiffs’ complaint was filed after the statute of repose had expired, their complaint was untimely and the trial court properly granted defendant’s motion for summary judgment.

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

Cisco Communications v. National Fire Insurance Company of Hartford · filed 2011-02-08(c)

Summary judgment is appropriate only where the pleadings, depositions, admissions and affidavits, viewed in the light most favorable to the nonmovant, show that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. See 735 ILCS 5/2-1005(c) (West 2008).

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.

Lewis v. Chica Trucking, Inc. · filed 2011-03-31(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 2008). ... Therefore, subsection (e) of plaintiffs complaint, which states that Chica “[failed to repair the truck’s brakes” was properly dismissed by the trial court on summary judgment because plaintiff has offered no evidence that Chica had a duty to repair the brakes.

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

Seitz-Partridge v. Loyola University of Chicago · filed 2011-03-31(c)

Summary judgment is appropriate only if the pleadings, depositions and affidavits in the record, when viewed most favorably 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.

Section 2-1005 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.

Pekin Insurance v. Recurrent Training Center, Inc. · filed 2011-04-20

Summary judgment is appropriate when the pleadings, depositions, and other evidence reveal that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005 (West 2006).

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.

United Nat'l Ins Co. v. Faure Brothers Corp. · filed 2011-05-17(c)

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

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.

In Re Skidmore · filed 2011-06-10(c)

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

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.

Weisberger v. Weisberger · filed 2011-06-17(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 2008).

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 moving party is entitled to judgment as a matter of law.

Continental Cas. v. HOFFMAN AND ASSOCIATES · filed 2011-08-15(c)

Summary judgment is appropriate only where the pleadings, depositions, admissions and affidavits, viewed in the light most favorable to the nonmovant, show that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2008).

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.

In Re Marriage of Goldsmith · filed 2011-08-26

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 2008).

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

Harrison v. Addington · filed 2011-09-06

“Section 2-1005 of the Code of Civil Procedure 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 ***.” Id.; 735 ILCS 5/2-1005 (West 2008). ... The trial court’s grant of summary judgment on behalf of Olson and DeVault is affirmed.

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

Erie Ins. Exchange v. Imperial Marble Corp. · filed 2011-09-15(c)

Summary judgment should be granted only where the pleadings, depositions, admissions, and affidavits on file, when viewed in a light most favorable to the nonmoving party, show that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2006); DeSaga v. West Bend Mutual Insurance Co., 391 Ill.App.3d 1062, 1066, 331 Ill.Dec. 86, 910 N.E.2d 159 (2009). ... The trial court erred when it granted summary judgment in favor of Erie and against Imperial on Erie's duty to defend.