Doe v. Dilling

State: Illinois

Docket No: 104049 Rel

Case Date: 04/03/2008

Preview:Docket No. 104049.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

JANE DOE, Appellant, v. ELIZABETH DILLING, Indiv. and as Ex'r of the Estate of Kirkpatrick Dilling, et al., Appellees. Opinion filed April 3, 2008.

JUSTICE FREEMAN delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Fitzgerald, Garman, and Karmeier concurred in the judgment and opinion. Justice Kilbride specially concurred, with opinion. Justice Burke took no part in the decision.

OPINION Plaintiff, Jane Doe, filed a complaint in the circuit court of Cook County against defendants Elizabeth and Kirkpatrick Dilling, for, inter alia, fraudulent and negligent misrepresentation. A jury found for Doe on the fraudulent misrepresentation claim and awarded her $2 million in compensatory damages. The appellate court vacated the judgment entered on the jury's verdict finding defendants liable for fraudulent misrepresentation and awarding Doe compensatory damages. The appellate court affirmed the remainder of the judgment of the circuit court. 371 Ill. App. 3d 151. We granted leave to appeal. 210 Ill. 2d R. 315. For the reasons that follow, we affirm the

judgment of the appellate court, although for reasons different than those expressed by that court. BACKGROUND On May 4, 2000, Doe filed a nine-count complaint in the circuit court of Cook County against the estate of her late fianc

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