In Shelton v. OSF Saint Francis Medical Center, 2013 IL App (3d) 120628 (June 19, 2013), the plaintiff alleged in a verified amended complaint that she was terminated from her employment. The Court found this was a judicial admission. The plaintiff’s cause of action was based, however, on the single theory of retaliatory failure to recall her to employment. The Court concluded that the plaintiff’s admission in her complaint and numerous statements including her letter to the employer and an agreed statement for trial showed that the judicial admission of termination was binding and was not the result of inadvertence or mistake. Therefore, the admission was fatal to her cause of action for failure to recall.
About James DeNardo
James P. DeNardo is a veteran appellate and employment attorney. He combines the skills and knowledge gained in an extensive career handling appellate cases at the highest levels in state and federal court with litigation experience as a skilled and respected employment law attorney. He provides insightful and cost effective solutions to clients. His knowledge of the trial and appellate courtroom give him a complete perspective on the litigation process for his clients. Read his full bio here: James DeNardo Full Bio