Jewelers Mutual Insurance v. Firstar Bank Illinois

PRESIDING JUSTICE McBRIDE,

specially concurring in part and dissenting in part:

I write to concur only in that portion of the opinion which affirms the dismissal of Vaidya’s negligence count. As to the portion of the opinion that reverses the trial courts’ grant of summary judgment to Firstar, I respectfully dissent.

I would affirm the decision of the trial courts in these consolidated appeals because I believe the rental agreements were not leases of real property subject to the Landlord and Tenant Act (Act) (765 ILCS 705/1 (West 1998)) and the exculpatory clause used in these two agreements…