Murphy v. Kinnally Flaherty Krentz Loran Hodge & Masur, P.C.

Illinois Appellate Court
Civil Court
Case Number: 
2023 IL App (2d) 230019
Decision Date: 
Wednesday, November 15, 2023
2d Dist.
Kane Co.
Vacated and remanded with directions.

Plaintiff, administrator of an estate, filed a breach of contract claim relating to an “of counsel” agreement between the decedent, who was a lawyer, and the defendant law firm. The trial court entered a directed verdict in favor of the defendant, finding that the estate had not presented sufficient evidence to support its claim. Plaintiff appealed, arguing that the trial court erred when it barred introduction of several items of evidence offered by the plaintiff. The appellate court reversed and remanded, finding that the trial court improperly excluded evidence and further, that the trial court made improper determinations of credibility and improperly substituted its judgment for that of the jury. The appellate court reversed and remanded and ordered the case be reassigned on remand. (McLAREN and KENNEDY, concurring)