Legal Opinion

Lampe v. O'TOOLE

Appellate Court of Illinois

Decided September 22, 1997No. 2-96-1449PublishedCited by 25 opinions

1Opinion of the CourtJustice Colwell

Plaintiffs, John and Becky Lampe, sued defendants, Joan O’Toole and Sinnett Excavating, Inc. (Sinnett), for personal injuries. O’Toole moved to dismiss (see 735 ILCS 5/2 — 619(a)(9) (West 1996)), alleging that plaintiffs had orally settled their claim against her. The trial court granted the motion and plaintiffs appeal (see 155 Ill. 2d R. 304(a)), arguing that the dismissal was erroneous because plaintiffs and O’Toole never reached a binding settlement agreement. We disagree and affirm. We hold the agreement met the requisites for a valid contract and was enforceable.

On February 9, 1996,…

2Cases cited15 opinions

  1. William P. Wilson v. John G. Wilson, Thomas S. Wilson, and Fsw, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
  2. Brewer v. National Railroad Passenger Corp.Illinois Supreme Court · 1995
  3. Sheffield Poly-Glaz, Inc. v. HUMBOLDT GLASS, CO.Appellate Court of Illinois · 1976
  4. Sementa v. TylmanAppellate Court of Illinois · 1992
  5. Solar v. WeinbergAppellate Court of Illinois · 1995

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3Cited by25 opinions

  1. Lynch, Inc. v. Samatamason Inc.Court of Appeals for the Seventh Circuit · 2002
  2. Pritchett v. Asbestos Claims Management Corp.Appellate Court of Illinois · 2002
  3. Quinlan v. StouffeAppellate Court of Illinois · 2005
  4. Kim v. Alvey, Inc.Appellate Court of Illinois · 2001
  5. K4 Enterprises, Inc. v. Grater, Inc.Appellate Court of Illinois · 2009

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