· 9/30/2009
Madden v. F.H. Paschen/S.N. Nielson, Inc.
Citations
- 916 N.E.2d 1203
- 334 Ill. Dec. 315
- 395 Ill. App. 3d 362
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the statement that an area was “under control” of the defendants at the time of the accident at issue was a legal conclusion rather than a statement of fact
- holding that the statement that an area was \under control\ of the defendants at the time of the accident at issue was a legal conclusion rather than a statement of fact
- noting for a premises liability claim, it is a prerequisite that the defendant be a possessor of land with intent to control it, as he is in the best position to discover and control its dangers
- noting for a premises liability claim, it is a prerequisite that the defendant be a possessor of land with intent to control it, as he is in the best position to discover and control its dangers
- “an affidavit will be stricken under Rule 191(a) to the extent that it contains unsupported assertions and *** conclusory statements”
- powers associated with control over premises include the power to exclude people from the premises and the power to direct the use of the premises
Source: CourtListener parenthetical corpus (CC0).
Judges: Joseph Gordon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.