Case law

Taft v. Otte & Co.

274 Ill. App. 280 · Appellate Court of Illinois · Mar 6, 1934

App. 428 ,” but the opinion contains the further statement that “it seems to be conceded that the stock was not qualified and was Class ‘C.’ ” In Jochum v. … Brady, supra, p. 430 ), this interpretation, in our judgment, is clearly wrong. In Oppenheimer v. Peabody, Houghteling & Co., supra, Mr.

Thurman v. Champaign Park District

2011 IL App (4th) 101024 · Appellate Court of Illinois · Aug 10, 2011

Fourth District Docket No. 4-10-1024 Argued July 13, 2011 Filed August 10, 2011 Held The Tort Immunity Act immunized defendant … of public entities in Tort Immunity cases to the exclusion of common[-]law definitions.”

Barr v. Cutler

64 Ill. App. 3d 518 · Appellate Court of Illinois · Oct 6, 1978

The failure on the part of the lessor to qualify the word “fire” indicates an intent on his part. Additionally, damage due to “other inevitable accidents” remains unspecified, while fire is specifically mentioned. … In addition, society’s interests are met in part by the establishment of definite rules which enable individuals and businesses to allocate the risks of foreseeable losses.

Glover v. Board of Education

21 Ill. App. 3d 1053 · Appellate Court of Illinois · Sep 5, 1974

In Reynolds the plaintiff served notice on the defendant city by registered mail with return receipt requested when the Local Government Tort Immunity Act required personal service. … The school board’s dismissal of plaintiff is then clearly not against the manifest weight of the evidence.

Cas. Ins. Co. v. Northbrook Prop. & Cas. Ins. Co.

150 Ill. App. 3d 472 · Appellate Court of Illinois · Nov 25, 1986

These allegations clearly suggest that Schal had supervisory responsibility and are sufficient to establish that Schal's liability to Krkljus may arise out of its general supervision of the construction operations performed … because the underlying complaint contains no allegations of negligence against Mid-American, Schal's general supervision of Mid-American's operations would not subject Schal to liability, ignores Mid-American's inchoate immunity

Kaider v. Hamos

975 N.E.2d 667 · Appellate Court of Illinois · Jul 20, 2012

It categorizes all aliens as ‘qualified’ or not ‘qualified’ and then denies public benefits based on that categorization.” League of United Latin American Citizens v. Wilson, 997 F. … The General Assembly was therefore clearly cognizant that the PRA imposed requirements on the distribution of public benefits in Illinois.

Scatchell v. Board of Fire & Police Commissioners for Melrose Park

464 Ill. Dec. 409 · Appellate Court of Illinois · Sep 30, 2022

In fact, many of Scatchell’s individual violations alone would have been enough to establish cause supporting his termination. … He now argues the Board should have ruled on his motion when he made it, because the Department had not established a prima facie case against him.

Brown v. Chicago Park District

218 Ill. App. 3d 612 · Appellate Court of Illinois · Jun 24, 1991

Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act or Act) (Ill. … Under this approach, section 3 — 108(b) of the Act merely establishes a condition defendants would be required to meet in order to successfully assert the Tort Immunity Act as an affirmative defense; it does not address the

Rajterowski v. The City of Sycamore

Appellate Court of Illinois · Nov 1, 2010

When a law establishes a citizenship or residency classification, a court applies a two-part test in assessing whether the law violates the privileges and immunities clause. … The foregoing allegations are clearly conclusory.

Poelker v. Warrensburg-Latham Community Unit School District No. 11

251 Ill. App. 3d 270 · Appellate Court of Illinois · Sep 30, 1993

Nor did the evidence establish conscious disregard for the safety of the children. … The throwing area was clearly marked with vector lines and the discus throws were directed toward an open field away from other events.

Krecek v. Board of Police Commissioners of La Grange Park

207 Ill. Dec. 227 · Appellate Court of Illinois · Feb 8, 1995

To establish a property interest in a probationary police officer’s employment with a police department, the municipality must establish procedural requirements for termination of those officers. (Faustrum, 240 Ill. … Act (Tort Immunity Act) (Ill.

TTX CO. v. Whitley

295 Ill. App. 3d 548 · Appellate Court of Illinois · Mar 13, 1998

Defendants asserted that TTX did not qualify for the single-factor formula because it did not transport passengers or freight. … The issue before the circuit court was whether TTX qualified as a transportation company under section 304(d).

Leone v. City of Chicago

235 Ill. App. 3d 595 · Appellate Court of Illinois · Sep 4, 1992

Although the Local Governmental and Governmental Employees Tort Immunity Act (hereinafter Tort Immunity Act) (Ill. Rev. … MURRAY and GORDON, JJ., concur. 1 The Tort Immunity Act (Ill. Rev.

Lewis v. Jasper County Community Unit School District No. 1

258 Ill. App. 3d 419 · Appellate Court of Illinois · Mar 4, 1994

Immunity Act (the Tort Immunity Act) (Ill. … Clearly, in light of the definitions provided by the legislature, section 3 — 106 immunizes the School District from injuries occurring on school property used for recreational purposes, absent willful or wanton conduct by

Pence v. Kelly

2026 IL App (4th) 250468-U · Appellate Court of Illinois · Apr 30, 2026

of a “clearly established” right. … qualified immunity.”

Morrison v. Forest Preserve District of Cook County

155 Ill. App. 3d 687 · Appellate Court of Illinois · Apr 23, 1987

The District moved to dismiss count IV on the grounds that it was barred by certain provisions of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. … It is well established that a cause of action should be dismissed on the pleadings only where it clearly appears that no set of facts could be proved which would entitle the plaintiff to recover. (Fitzgerald v.

People v. Schomer

64 Ill. App. 3d 440 · Appellate Court of Illinois · Sep 29, 1978

On cross-examination, in addition to establishing that Martin had been dating the daughter of Schomer and the sister of Sanchez, the State was allowed to bring out that Martin requested immunity prior to testifying before … Clearly, the same could be said for the instant case. The jury in the instant case was able to make its decision based upon the testimony of numerous witnesses and the accuracy of their testimony. In Chapman v.

Abruzzo v. City of Park Ridge

2013 IL App (1st) 122360 · Appellate Court of Illinois · Feb 24, 2014

Franzen recalled that once it was established that Joseph was okay Franzen told everyone they were leaving. … - 13 -  alleged immunity is based.

Gassman v. Clerk of the Circuit Court of Cook County

2017 IL App (1st) 151738 · Appellate Court of Illinois · Apr 6, 2017

Accordingly, statutory tort immunity does not apply. … of fees in accordance with the Act is clearly ministerial rather than discretionary and is therefore not protected by either statutory or common law tort immunity.

Sciarrone v. Village of Island Lake, Illinois

2025 IL App (2d) 240153 · Appellate Court of Illinois · Sep 18, 2025

Arguments—Legislative Immunity ¶ 23 Having already rejected defendants’ proposed alternative basis for affirmance—that plaintiffs’ response to the motion was ineffectual and that the Clark Report established sufficient … that immunity.