Berry v. Chade Fashions, Inc.

              THIRD DIVISION
JUNE 30, 2008
1-07-0639
AUREEN BERRY, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant and Cross-Appellee, ) Cook County.
)
v. ) No. 01 L 5934
)
CHADE FASHIONS, INC., ) Honorable
) Allen S. Goldberg,
Defendant-Appellee and Cross-Appellant. ) Judge Presiding.
JUSTICE CUNNINGHAM delivered the opinion of the court:
The plaintiff, Aureen Berry, filed a complaint in the circuit court of Cook County against the
defendant, Chade Fashions, Inc. (Chade Fashions), for breach of contract and violation of the Illinois
Right of Publicity Act (765 ILCS 1075/30 (West 2000)) (the Act). The trial court entered a partial
summary judgment for the plaintiff as to liability under the Act. The issues of damages and breach
of contract under the Act went to trial. When the plaintiff concluded her case, Chade Fashions filed
a motion for a directed verdict and a motion to vacate the partial summary judgment. The trial court
granted both motions. The plaintiff subsequently filed a motion to reconsider that ruling arguing that
Chade Fashions’ motion to vacate the partial summary judgment was untimely. The trial court
agreed with the plaintiff and issued a final judgment finding that Chade Fashions’ motion to vacate
the partial summary judgment as untimely. The court reinstated the previous partial summary
judgment for the plaintiff under the Act, as to liability only. The trial court awarded the plaintiff
$1,000, the statutory minimum in damages under the Act.
On appeal, the plaintiff argues that the trial court erred by awarding the statutory minimum
in damages. On cross-appeal, the defendant, Chade Fashions, argues that the trial court erroneously