# Metzger v. DaRosa

> Illinois Supreme Court · February 20, 2004 · 209 Ill. 2d 30

URL: https://www.frixlaw.com/law-library/cases/9518546

## Case

- **Full name:** LINETTE METZGER, Appellee, v. TIMOTHY DaROSA Et Al., Appellants
- **Court:** Illinois Supreme Court
- **Decided:** February 20, 2004
- **Citations:** 209 Ill. 2d 30; 282 Ill. Dec. 148; 805 N.E.2d 1165; 20 I.E.R. Cas. (BNA) 1810; 2004 Ill. LEXIS 354
- **Precedential status:** Published
- **Opinion:** Dissent by Freeman
- **Judges:** Kilbride, Freeman, Rarick
- **Cited by:** 176 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9518546

## How later opinions describe it (automated extraction)

- noting that, although Illinois recognizes a retaliatory discharge claim, it has “never recognized a common law tort for any injury short of actual discharge”
- finding no implied private right of action under Illinois whistleblower statute

## Opinion text

JUSTICE FREEMAN, dissenting:
I strongly disagree with Justice Rarick’s contention that the analysis employed in Fisher v. Lexington Health Care, Inc., 188 Ill. 2d 455 (1999), was an “analytical error” (209 Ill. 2d at 47) (Rarick, J., dissenting). Nevertheless, I do agree with Justice Rarick that relevant distinctions exist between the Personnel Code and the Nursing Home Care Act, which was at issue in Fisher. Accordingly, I believe that Fisher does not dictate the result in this case, and I agree with Justice Rarick that the appropriate result in this case would be to imply a private right of action for the violation of the Personnel Code’s whistle-blower statute (20 ILCS 415/19c.1 (West 2002)).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9518546. Public record. Not legal advice.