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· 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 CourtListener

Sourced 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.