Proctor v. Upjohn Co.

The sole issue in this case is whether a decision of the appellate court obtains within the meaning of the Illinois Constitution (Ill. Const. 1970, art. VI, § 5), the Appellate Court Act (705 ILCS 25/1(d) (West 1994)), and the rules of this court (145 Ill. 2d R. 22(c)) where two judges concur in the opinion, the third judge dissents, and one of the concurring judges then vacates his office before the opinion is filed. The short answer is, it does not.

The record before us shows that the jury rendered a verdict in this case in favor of the plaintiffs, Meyer and Marjorie Proctor, against…