Martinez v. Erickson

The circuit court of Whiteside County dismissed the plaintiff’s case against defendant Subbiah and granted the motion for summary judgment made by the remaining defendants. The trial court’s rulings were based on appellate and supreme court decisions issued after the circuit court took each of the defense motions under advisement. The plaintiff appeals, arguing that the trial court erred in applying the rules of the recently decided appellate and supreme court cases retroactively to this cause. We agree with the plaintiff and therefore reverse and remand.

On October 24, 1980, Lorenzo Martinez…