Attorney Charles Geroe Roth's Legal Cases

Debt collection

Riblet Prod. Corp. v. Starr Nat., 242 Ill.App.3d 988 (3d 1993)

Mar 30, 1993

OUTCOME:

Manufacturer brought action against purchaser to collect an account receivable for specially manufactured goods and purchaser counterclaimed against manufacturer, manufacturer's president, and former e ... mployee of manufacturer. The 9th Judicial Circuit Court, McDonough County, Kenneth L. Bath, J., granted summary judgment in favor of manufacturer and the executor of the estate of manufacturer's president and denied purchaser's motion for summary judgment on major issues. The Appellate Court, Stouder, J., held that: (1) counterclaim was appropriate pleading to file against manufacturer and president; (2) manufacturer was not entitled to voluntarily dismiss when there were counterclaims pending; (3) discovery deposition could not support summary judgment where deponent died before ruling was made; (4) action could not be maintained against corporation that did not exist at time of alleged acts; and (5) genuine issues of material fact existed as to whether employee of manufacturer engaged in intentional interference with business. Affirmed in part, reversed in part, vacated in part, and remanded.

Debt collection

P.A. Bergner & Co. v. Lloyds, 112 Ill.2d 196 (1986)

Apr 04, 1986

OUTCOME:

Operator of chain of retail department stores sued jewelry department lessee for amount due for fixture charges and additional rent, in which counterclaim was filed. The Circuit Court, Peoria County, J ... ames M. Bumgarner, J., ordered new trial on damages as to main claim and directed verdict on breach of lease counterclaim, and appeal was taken. The Appellate Court, 130 Ill.App.3d 987, 86 Ill.Dec. 59, 474 N.E.2d 1256, affirmed in part and reversed in part. Petition for leave to appeal was allowed. The Supreme Court, Goldenhersh, J., held that: (1) new trial on damages issue was warranted, and (2) there was no breach of lease. Appellate court reversed; circuit court affirmed; cause remanded.

Debt collection

P.A. Bergner & Co. v. Lloyds, 130 Ill.App.3d 987 (3d 1984)

Dec 31, 1984

OUTCOME:

Lessor brought action against lessee and guarantor for account stated to recover rent and fixture charges owed by lessee, and lessee counterclaimed for breach of lease and conspiracy to tortiously inte ... rfere with lessee's contract rights and prospective business advantage, naming additional counter defendants as to latter claim. The Circuit Court, Peoria County, James M. Bumgarner, P.J., ordered new trial on damages as to lessor's action, granted lessor's motion for directed verdict as to lessee's breach of lease counterclaim, and entered judgment against lessee as to remaining counts of counterclaim. Lessee and guarantor appealed. The Appellate Court, Heiple, J., held that: (1) jury verdicts in favor of lessor against lessee and guarantor as to account stated claim, which awarded reduced amount of damages, was not irreconcilable, and thus, lessor was not entitled to new trial as to damages; (2) accounting provisions in lease operated for benefit of both lessee and lessor, and thus, provision could not be waived by lessor and lessor's failure to perform was material breach of contract; (3) expert testimony as to lessee's future lost profits was based on assumptions as to which adequate foundations were laid, and thus, it was within province of jury to award lessee $670,000 as to breach of lease counterclaim; and (4) instructions regarding conspiracy counterclaims were not improper. Affirmed in part; reversed in part.

Debt collection

King v. Equitable Life, 125 Ill.App.3d 542 (3d 1984)

Jul 06, 1984

OUTCOME:

Beneficiary under group life policy sued for benefits thereof. The Tenth Judicial Circuit Court, Peoria County, Calvin R. Stone, P.J., directed verdict for beneficiary and appeal and cross appeal were ... taken. The Appellate Court, Barry, J., held that: (1) policy was ambiguous for failure to define â€œactive workâ€; (2) although insured was â€œInjured On Dutyâ€ status he was performing â€œactive workâ€; and (3) interest at five percent was recoverable beginning with date when proof of death was furnished. Affirmed in part; reversed in part; and remanded with directions.

Defective and dangerous products

Nave v. Rainbow Tire, 123 Ill.App.3d 585 (2d 1984)

Mar 19, 1984

OUTCOME:

Administrator of estate brought suit against tire retreader, alleging liability for decedent's death on theories of strict products liability and breach of implied warranty of merchantability. The 15th ... Circuit Court, Lee County, Martin D. Hill, J., entered judgment on a jury verdict for retreader, and administrator appealed. The Appellate Court, Seidenfeld, P.J., held that: (1) issue of whether evidence pertaining to retreader's due care in retreading process was admissible was properly raised by administrator, and was not waived by failure to repeat objection after trial court's ruling adverse to administrator; (2) evidence of due care in retreading process was irrelevant under breach of implied warranty theory, since breach of implied warranty is a form of strict liability without necessity of proving negligence or fault on part of a defendant; and (3) notwithstanding fact that jury was properly instructed that it was not a defense that condition of the product could not have been discovered by defendant or that care was used in manufacture of the product, admission of due care evidence was erroneous, since effect of continual emphasis on retreader's lack of fault or wrongdoing, evidence that it conformed to retreading manual's standards and judge's overruling of administrator's objection as to issue of due care, made it highly likely that jury could have considered improper issue of due care in deciding case in spite of instruction. Reversed and remanded.

Charles Geroe Roth's Legal Cases (5)

Riblet Prod. Corp. v. Starr Nat., 242 Ill.App.3d 988 (3d 1993)

P.A. Bergner & Co. v. Lloyds, 112 Ill.2d 196 (1986)

P.A. Bergner & Co. v. Lloyds, 130 Ill.App.3d 987 (3d 1984)

King v. Equitable Life, 125 Ill.App.3d 542 (3d 1984)

Nave v. Rainbow Tire, 123 Ill.App.3d 585 (2d 1984)