Dildine v. Hunt Transp., Inc

In Dildine v. Hunt Transp., Inc., 196 Ill.App.3d 392, 553 N.E.2d 801, 143 Ill. Dec. 94 (3rd Dist. 1990), the plaintiff argued that the trial court could not determine as a matter of law the plaintiff's employment relationship with his employer since the court would have to necessarily balance a number of factors. The court held that such consideration does not relieve the trial court of its responsibility and obligation to decide questions of law. In ruling on motions such as a motion to dismiss and a motion for summary judgment, the trial court will inevitably have to make determinations of law, based on the uncontroverted facts. Dildine, Id.