Maxit, Inc. v. Van Cleve

Chief Justice Fitzgerald and Justices Thomas, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

In September 2006, the circuit court of Du Page County granted summary judgment in favor of plaintiff and against defendants John Van Cleve and his wife, Kelley Van Cleve. The appellate court reversed and remanded. 376 Ill. App. 3d 50. We granted plaintiff’s petition for leave to appeal (210 Ill. 2d R. 315(a)), and, for the reasons set forth below, affirm the judgment of the appellate court.

BACKGROUND

On December 26, 2001, John suffered an injury to his back as a…