Lemke v. Kenilworth Insurance Co.

JUSTICE SIMON,

specially concurring:

While I am in accord with the result reached here, I fear that the majority’s explanation as to why the “contact” issue was waived may be relied upon as a precedent, and this would, in my judgment, be misleading. The majority states that the circuit judge “did not address the propriety of dismissing the ‘contact’ count” (109 Ill. 2d at 352), that the plaintiff failed to specifically challenge dismissal of that count, and therefore the issue is waived. This analysis, as I view it, misreads the record. It also involves an incorrect application of the principle…