CAT IRON, INC. v. BODINE ENVIRONMENTAL SERVICES

2 Citing cases

  1. Nelson v. Vill. of Morton

    Case No. 17-cv-1311-JES-JEH (C.D. Ill. Aug. 20, 2019)

    First, while questions involving intent are ordinarily questions of fact for the jury, "even when issues of intent are involved, summary judgment is appropriate if in response to a properly supported motion for summary judgment, the non-movant fails to offer specific facts to show that there is a genuine issue for trial." Cat Iron, Inc. v. Bodine Envtl. Servs., Inc., No. 10-CV-02102, 2011 WL 5078206, at *5 (C.D. Ill. Oct. 25, 2011) (citing Corrugated Paper Prods., Inc. v. Longview Fibre Co., 868 F.2d 908, 914 (7th Cir. 1989) ("It is well-settled that summary judgment may be granted where the controlling issue is whether or not the movant acted with a particular mental state.")). Here, Plaintiff again fails to support the alleged factual dispute with a specific citation to any evidence in the record, as required by the Federal Rules of Civil Procedure and the Court's Local Rules. See Fed. R. Civ. P. 56(c); CDIL-LR 7.1(D).

  2. White v. City of Chi.

    14 cv 3720 (N.D. Ill. Aug. 15, 2016)   Cited 32 times
    Holding that Rule 8(d) allows a plaintiff to plead both intentional and negligent misconduct

    Unlike battery and aggravated battery, battery and willful and wanton negligence are separate torts under Illinois law, distinguishable by the required mental state. See Cat Iron, Inc. v. Bodine Envtl. Servs., Inc., 2011 WL 5078206, at *5 (C.D. Ill. Oct. 25, 2011) ("The Illinois Supreme Court has explained that there are two types of willful and wanton conduct—intentional or reckless—which are distinguishable based on the mental state of the defendant.") (citing Poole v. City of Rolling Meadows, 656 N.E.2d 768, 771 (Ill. 1995)). Thus, White may plead and attempt to prove both his battery and his willful and wanton negligence claims, see Fed. R. Civ. P. 8(d)(3), although he can recover only once for his injuries, see Gehrett v. Chrysler Corp., 175, 882 N.E.2d 1102, 1115 (Ill. App. 2008).