Case law

Monson v. City of Danville

2017 IL App (4th) 160593 · Appellate Court of Illinois · Jul 28, 2017

the immunity afforded by the Act. … The college responded that its building and grounds director’s handling of the height deviation clearly involved policy and discretion, which afforded the college immunity under section 2-201 of the Act.

McCoy v. Illinois International Port District

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.

Martinelli v. The City of Chicago

989 N.E.2d 702 · Appellate Court of Illinois · Apr 25, 2013

IMMUNITY ¶ 18 The City’s argument with respect to its immunity for failing to provide traffic control devices presents a question of law, which we will review de novo. Hess v. Flores, 408 Ill. … Despite statements to the contrary in its briefs before this court, the City very clearly attempted in cross-examination of water department employees, such as Dwyer, Kelly and Stewart, to establish that the

Brucato v. Edgar

128 Ill. App. 3d 260 · Appellate Court of Illinois · Oct 26, 1984

XIII, sec. 4) the doctrine of sovereign immunity was abolished, the legislature, acting under its constitutional authority, partially reinstated the doctrine by passing section 1 of “An Act in relation to immunity for the … Plaintiff asserts, however, that the immunity statute is inapplicable here, arguing in substance that (a) the action is not one against the State; (b) even if it were, the State waived immunity by entering into the disputed

McLaughlin v. Tilendis

115 Ill. App. 2d 148 · Appellate Court of Illinois · Sep 24, 1969

Molitor abolished the doctrine of governmental immunity from tort liability as applied to school districts. … Neither will we erode the defense of absolute privilege as it has heretofore been established in Illinois by finding that it does not have application to the factual situation before the court.

Mier v. Staley

28 Ill. App. 3d 373 · Appellate Court of Illinois · May 8, 1975

As such, the statute clearly grants it immunity from common-law suit. The only question presented therefore is whether the statute is constitutional. … Under these circumstances, where the trial court had already dismissed the complaint, it was not an abuse of discretion to deny the extensive discovery requested until plaintiff’s right to sue had been established.

In re Marriage of McGowan

265 Ill. App. 3d 976 · Appellate Court of Illinois · Aug 3, 1994

It clearly does not. Whether or not the funds can be reached by garnishment is also not appropriate in considering what is included in the child support formula. … The Court recognized that Congress intended the Federal law to avoid sovereign immunity problems, not to shield income from valid support orders.

Starr v. Ward

289 Ill. App. 3d 299 · Appellate Court of Illinois · Jun 17, 1997

Under this grant of authority, the legislature reinstated sovereign immunity in the circuit courts (745 ILCS 5/1 (West 1994)) but established the Court of Claims and invested it with exclusive jurisdiction to hear "[a]ll … Clearly the Safety Code only regulates the conduct of IDOT employees. Only IDOT employees are obligated to be familiar and comply with Safety Code provisions.

Pritza v. Village of Lansing

405 Ill. App. 3d 634 · Appellate Court of Illinois · Nov 24, 2010

The Illinois Supreme Court firmly established that governmental self-insurance pools are not “insurance” as defined in the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1 — 101 et seq. … The court agreed that, in the case of commercial insurance, “the immunity is waived since government funds are no longer in jeopardy and immunity would inure to the benefit of private investors who have assumed the risk of

People v. Crawford

93 Ill. App. 3d 510 · Appellate Court of Illinois · Feb 19, 1981

establish that the trial court limited that cross-examination in an effort to protect Edward Garlington’s fifth amendment rights, I believe this cause should be reversed and remanded for a new trial and therefore must respectfully … The trial court clearly had, in effect, granted Edward immunity from prosecution for his testimony concerning the events of the 19th.

Wallace v. Smyth

Appellate Court of Illinois · Oct 21, 1998

Here, plaintiff's claims clearly arose out of Maryville's supervision and discipline of Waketta. … Clearly, therefore, the parent-child tort immunity doctrine factors of legal and financial responsibility, which the majority relies upon to deny Maryville in loco parentis status, had no bearing on the in loco parentis status

Sanders v. City of Chicago

306 Ill. App. 3d 356 · Appellate Court of Illinois · Jun 30, 1999

Our holding is not meant to establish a rule that an officer necessarily must be engaged in an emergency response in order for section 2 — 202 immunity to apply. … App. 3d 241 (1989)) are immunized.

Donath v. Village of Plainfield

2020 IL App (3d) 190762 · Appellate Court of Illinois · Oct 6, 2020

Clearly, our legislature recognized, without affording immunity to local public entities, “public property intended or permitted to be used for recreational purposes” could suffer or become less available … The record also establishes that Fox River Street itself has never been used for recreation.

Doe v. Calumet City

240 Ill. App. 3d 911 · Appellate Court of Illinois · Nov 23, 1992

It is well established that a trial court should dismiss a cause of action on the pleadings only if it is clearly apparent that no set of facts can be proved which will entitle a plaintiff to recover. (Burdinie v. … Plaintiff argued that his complaint clearly alleged that he was a “beginner swimmer” and that defendant supplied a “qualified” swimming instructor who knew or should have known that directing a beginner to jump into the shallow

Hudson v. City of Chicago

Appellate Court of Illinois · Dec 14, 2007

On the other hand, there is an extensive line of cases that has held that ordinary police activities do not qualify as enforcement or execution of the law so as to be protected by section 2- 202 immunity. … In our case, the admission was more clearly in error because Dr.

People v. Markham

2019 IL App (3d) 180071 · Appellate Court of Illinois · Jul 2, 2019

the requisite small amount of heroin required for immunity under the Act. … The reviewing court opined that, because the contraband was clearly and immediately visible, thereby establishing independent probable cause prior to the defendant obtaining emergency medical assistance

Corral v. Chicago Park Dist.

213 Ill. Dec. 832 · Appellate Court of Illinois · Dec 22, 1995

The Tort Immunity Act clearly identifies which elements of the common law the legislature intended to include in it. … App.3d 972 , 90 Ill.Dec. 686 , 482 N.E.2d 665 (issue of immunity never reached where plaintiff failed to establish a common law duty).) In Comastro v.

Mack Industries, Ltd. v. Village of Dolton

2015 IL App (1st) 133620 · Appellate Court of Illinois · May 26, 2015

A motion to dismiss should not be granted “unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief.” Tedrick v. … Hollow court, however, reasoned that section 2-201 does not always control because “[s]ection 2-201 begins with the phrase, ‘[e]xcept as otherwise provided by Statute’ (745 ILCS 10/2-201 (West 2000)), which clearly

Adames v. Sheahan

378 Ill. App. 3d 502 · Appellate Court of Illinois · Nov 29, 2007

. §§7901 through 7903)) provides gun manufacturers immunity from claims such as those advanced by plaintiffs. A. … The manual clearly reads that removing the magazine does not clear a loaded chamber.

Cadena v. Chicago Fireworks Manufacturing Co.

297 Ill. App. 3d 945 · Appellate Court of Illinois · Jun 30, 1998

Therefore, the City of Chicago Heights is immune from liability for failure to provide adequate police protection or service. 5 — 102 establishes immunity from liability from the Chicago Heights Fire Department or failure … , as such a reading to include those kinds of activities would tend to swallow the exception to the general rule of liability established by the Tort Immunity Act, and thereby render the entire provision effectively meaningless