Court Filings

The appellate court reviewed a foreclosure action by Associated Bank against defendants including John Morrison. The court held that a 1995 quitclaim deed conveyed immediate title to Morrison and his siblings as tenants in common while reserving a life estate to the grantor, Rosa McShan. Because McShan had the authority to encumber only her life estate, the 2007 mortgage only attached to that life estate and was extinguished on her death. The court reversed the trial court’s grant of foreclosure and vacated related orders as to Morrison’s interest, but it affirmed denial of Morrison’s Consumer Fraud Act claim.

The appellate court reviewed a dismissal under section 2-619 of the Code of Civil Procedure of negligence claims filed by Samantha Allumi on behalf of her son Chase after he fell from an inflatable slide at a school field day. The trial court dismissed the negligence claims against the school district, board, and the parent organization (SHSO) as immune under the Local Governmental and Governmental Employees Tort Immunity Act. The appellate court affirmed dismissal as to negligence allegations that amounted to failures of supervision, but reversed as to specific pre-activity failures to guard or warn (including failure to provide safety equipment, notify parents, ensure medical clearance, and provide a safe slide) and remanded for further proceedings, including a determination whether the activity was a "hazardous recreational activity." The court also held SHSO qualifies as a local public entity under the Act.