Case law

American Family Mutual Insurance Co. v. Tyler

2016 IL App (1st) 153502 · Appellate Court of Illinois · Feb 9, 2017

. ¶ 17 In Village of Bloomingdale, our supreme court addressed whether a quasi-contract claim qualifies as a claim asserting a public entity’s liability “based on contract” and thus is excepted from the … immunity granted under the Act.

Rumbold v. Town of Bureau

221 Ill. App. 3d 222 · Appellate Court of Illinois · Oct 31, 1991

What the Court left undecided, however, was whether a municipality was entitled to any type of qualified immunity. In Owen v. City of Independence (1980), 445 U.S. 622 , 63 L. Ed. 2d 673 , 100 S. … While denying that any type of immunity exists for municipalities, the Court reiterated that qualified immunity does exist for public officials who have acted in good faith.

Gubbe v. Catholic Diocese of Rockford

122 Ill. App. 2d 71 · Appellate Court of Illinois · Apr 3, 1970

Moyle qualified the doctrine of charitable immunity by permitting recovery against non-trust funds of a charitable corporation, specifically an insurance policy. … It is interesting to note that the court ruled there that a cause of action was not stated under the Local Governmental and Governmental Employees Tort Immunity Act, and that to establish liability the teacher’s act or omission

Nickon v. City of Princeton

376 Ill. App. 3d 1095 · Appellate Court of Illinois · Oct 24, 2007

Defendant contends the Medicare payment does not qualify as a collateral source under Illinois law. … Defendant’s instruction addressed statutory municipal immunity, as defined in section 3 — 102 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3 — 102 (West 2002)) (Tort Immunity Act).

Holten v. Syncreon North America, Inc.

2019 IL App (2d) 180537 · Appellate Court of Illinois · Aug 22, 2019

Moreover, plaintiff contends, Android failed to establish the existence of a borrowed-employee relationship and thus was not entitled to immunity under the Act. ¶ 31 A. … ¶ 1. ¶ 45 In reversing, we rejected Exelon’s argument that it was entitled to immunity as the agent of ENS because Exelon failed to establish that ENS had any right to control Exelon.

Novak v. Rathnam

153 Ill. App. 3d 408 · Appellate Court of Illinois · Mar 20, 1987

The court also determined that State-employed psychiatrists were only entitled to a qualified immunity and that the allegations of the complaint sufficiently demonstrated the psychiatrist’s grossly negligent acts. … of sovereign immunity.

Pree v. Hymbaugh

23 Ill. App. 2d 211 · Appellate Court of Illinois · Dec 1, 1959

It is a well established rule that the question as to whether or not a plaintiff has been guilty of contributory negligence is a matter of fact for the jury to determine and becomes a question of law only w’'en the evidence … is so clearly insufficient to establish due care that all reasonable minds in the exercise of fair and honest judgment would reach the conclusion that there was contributory negligence.

Soedler v. Soedler

89 Ill. App. 3d 74 · Appellate Court of Illinois · Oct 7, 1980

Keller (1952), 413 Ill. 503 , 109 N.E.2d 729 , amended the Married Woman’s Act so as to re-establish interspousal tort immunity. In Brandt v. … The constitutionality of the establishment of interspousal tort immunity was attacked in Heckendorn v.

Johnson v. Decatur Park District

Appellate Court of Illinois · Nov 25, 1998

This qualifies as the making of policy under the Harinek test. Park's actions were also clearly discretionary acts for which immunity from liability is granted by section 2-201 of the Act. … Such decisions were clearly discretionary and were thus immunized under section 2-201 of the Act.

McCoy v. Illinois International Port District

334 Ill. App. 3d 462 · Appellate Court of Illinois · Sep 30, 2002

McCoy argues that Matthews did not have to be specifically named in the contract to qualify as a third-party beneficiary. … It argues that, to qualify as a third-party beneficiary, the actual parties to the contract must specifically intend that the contract directly benefit the third party in question.

Dratewska-Zator v. Rutherford

996 N.E.2d 1151 · Appellate Court of Illinois · Sep 13, 2013

If a statute provides a remedy in general language without clearly specifying the remedy is available against the State, the State retains its sovereign immunity. … The purpose and procedure established in section 19(g) of the Act run contrary to the purpose and procedure of the Fund established in section 4(d) of the Act.

Woodfield Lanes, Inc. v. Village of Schaumburg

168 Ill. App. 3d 763 · Appellate Court of Illinois · Mar 30, 1988

On appeal, the Village argues that plaintiff has not established grounds for the court to imply a contract at law. … The ordinance clearly requires the Village to collect fees “[w]hen any building *** is erected” on any of the four parcels.

VEACH OIL COMPANY v. Ogilvie

22 Ill. App. 3d 233 · Appellate Court of Illinois · Sep 12, 1974

In order to qualify for injunctive relief, the proponent must show that it is sustaining or is about to sustain an injury which would be irreparable (uncompensable) by money damages alone. … sovereign immunity.

Midwest Bank & Trust Co. v. Village of Lakewood

113 Ill. App. 3d 962 · Appellate Court of Illinois · Apr 8, 1983

Defendants contended that immunities established by the Local Governmental and Governmental Employees Tort Immunity Act (111. Rev. … With regard to the damages portion of the complaint, defendants’ motion was based upon the statutory immunities established in the Local Governmental and Governmental Employees Tort Immunity Act (hereinafter cited as the

Muhammad v. Riverside Healthcare

2026 IL App (3d) 240274 · Appellate Court of Illinois · Jun 15, 2026

fact immune under section 10.2 of the Act. … Ill. 2012) (“[A] history of filling orders for a particular customer does not, by itself, satisfy the requirement of establishing a reasonable expectancy of receiving additional orders from that customer.”

Farmer v. McClure

172 Ill. App. 3d 246 · Appellate Court of Illinois · Jun 28, 1988

Plaintiff was hired as a DOC apprehensions specialist on December 17, 1984, after achieving a “well qualified” score on his examination. … Injunctive relief is appropriate where a lawful right is certain and clearly ascertainable and when irreparable harm and an inadequate remedy at law are established. (Distaola v.

Rapacz v. Township High School Dist.

2 Ill. App. 3d 1095 · Appellate Court of Illinois · Nov 29, 1971

For many years prior to 1959, the courts of Illinois adhered to "the ancient and established doctrine of governmental immunity from tort liability." ( Molitor v. … Defenses, established elsewhere in the Act, apply to all municipalities whether they are uninsured and depend upon statutory immunity or whether they have procured insurance.

Jastram v. Lake Villa School District 41

192 Ill. App. 3d 599 · Appellate Court of Illinois · Dec 27, 1989

Defendant filed a motion for summary judgment alleging that a school district is liable only for willful and wanton misconduct and that the undisputed facts in this case do not establish willful and wanton misconduct. … App. 3d 434 ; however, the facts do not clearly establish who, if anyone, was charged with supervising the plaintiff in that case. Inasmuch as- the case is unclear on this point, we cannot rely on it.

Myers v. Levy

348 Ill. App. 3d 906 · Appellate Court of Illinois · Apr 27, 2004

Defendant next contends that summary judgment was nevertheless appropriate because his communications to Lamberson and Bruder qualify as a petition to a governmental body and, therefore, his statements are immunized under … I), provided him with absolute immunity to make the defamatory statements.

Schultz v. St. Clair County

2020 IL App (5th) 190256 · Appellate Court of Illinois · Dec 9, 2020

” ¶ 11 Section 4-102 of the Tort Immunity Act provides: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection … Clearly, a 9-1-1 system cannot meet the needs of the communities it serves if its operators must rely on distressed callers to provide them with exact street addresses.