Home Healthcare of Illinois, Inc. v. Jesk

Illinois Appellate Court
Civil Court
Breach of Contract
Citation
Case Number: 
2017 IL App (1st) 162482
Decision Date: 
Monday, November 27, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
MIKVA

Plaintiff filed claims for breach of contract and breach of fiduciary duty against attorney who served as escrow agent in real estate transaction in which Plaintiff was the buyer and attorney's client was the seller.  Plaintiff alleged that attorney violated escrow agreement when he released a $100,000 down payment to seller without letter from Plaintiff certifying that all relevant conditions precedent had occurred or been expressly waived by Plaintiff. Court properly granted summary judgment for attorney, finding that escrow agreement contained exculpatory clause making him liable only for willful misconduct or gross negligence, and that Plaintiff had not pleaded or submitted any evidence of such conduct. Attorney met his initial burden of production on his affirmative defense, and presented sufficient evidence that even if he breached parties' agreement, he did so in a reasonable interpretation of his duties under agreement. (PIERCE and SIMON, concurring.)