Case law

Thurman v. Champaign Park Dist.

355 Ill. Dec. 575 · Appellate Court of Illinois · Aug 10, 2011

It argued it could not be held liable for plaintiffs' claimed *21 injuries because (1) section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/3-106 (West 2008)) made it immune … in Tort Immunity cases to the exclusion of common[-]law definitions."

People v. Bernard

149 Ill. App. 3d 684 · Appellate Court of Illinois · Nov 18, 1986

As the courts in Illinois have held, there is no reason to prohibit a qualified physician from giving an expert opinion that a child suffered from child abuse. (People v. Platter (1980), 89 Ill. … Admission of such testimony is permissible as long as the trial court is satisfied that the witness was qualified to give an opinion on the subject. (People v. Ward (1983), 112 Ill.

Perfetti v. Marion County, Illinois

985 N.E.2d 327 · Appellate Court of Illinois · Mar 7, 2013

Id. at 153. ¶ 19 Constructive notice under section 3-102(a) of the Tort Immunity Act is established where the condition has existed for such a length of time or is so conspicuous or plainly visible that … Marion County clearly asserted its lack of notice under section 3-102 of the Tort Immunity Act in response to the plaintiff’s complaint and argued the issue before the circuit court as a basis for granting its

Collins v. Town of Normal

351 Ill. Dec. 621 · Appellate Court of Illinois · Jul 22, 2011

At the opposite end, section 2-101 of the Tort Immunity Act specifies some situations where the Tort Immunity Act does not apply, where there clearly is no immunity. … "[U]nder established Illinois law, public entities possess no immunized discretion to discharge employees for exercising their workers' compensation rights." Smith v.

DiMarco v. City of Chicago

278 Ill. App. 3d 318 · Appellate Court of Illinois · Feb 22, 1996

Further, it is well established that the purpose of the Tort Immunity Act is to protect local governments and their employees from liability arising out of the operation of government. Burke, 227 Ill. … Given the record, we cannot say that it is clearly evident that the City had constructive notice of the condition of the curb.

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

Behl v. Duffin

406 Ill. App. 3d 1084 · Appellate Court of Illinois · Dec 10, 2010

Defendants also maintained plaintiffs’ complaints fail to state a cause of action and plaintiffs’ claims are barred by sovereign and qualified immunities. … immunities.

Jackson v. Alverez

358 Ill. App. 3d 555 · Appellate Court of Illinois · Jun 10, 2005

immunity. … In her filings below, she clearly made the relevant argument.

Thames v. Board of Educ. of Chicago

206 Ill. Dec. 440 · Appellate Court of Illinois · Dec 22, 1994

provided to the Board under the Tort Immunity Act. … Clearly, the cases interpreting the unique awareness element of the "special duty” exception provide a narrow interpretation of that requirement.

Shempf v. Chaviano

2019 IL App (1st) 173146 · Appellate Court of Illinois · Jun 28, 2019

The mandamus ruling was clearly a final judgment. … qualifies as a “governmental entity,” the State was not expressly identified in the statute.

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.

People v. DeFord

59 Ill. App. 3d 942 · Appellate Court of Illinois · May 17, 1978

At trial, after first establishing the facts of the burglary, tracking and arrest, the State asked the court to call defendant’s brother as a court’s witness. … The range of the witness’ story concerning his involvement in the burglary, from complete denial to being present at the scene but not involved to actual commission of the crime, clearly supports the State’s reluctance to

Nichol v. Stass

297 Ill. App. 3d 557 · Appellate Court of Illinois · Jun 17, 1998

employment status for sovereign immunity purposes. … Clearly, the duty to comply with Department of Children and Family Service rules and regulations would not exist outside of the relationship between the state and the foster parents.

Spencer v. City of Chicago

192 Ill. App. 3d 150 · Appellate Court of Illinois · Dec 8, 1989

Act (Tort Immunity Act) (Ill. … The Illinois Tort Immunity Act (Ill. Rev.

Andrade v. The City of Kankakee

2023 IL App (3d) 230035-U · Appellate Court of Illinois · Oct 4, 2023

2-202 qualified immunity, plaintiffs sought leave to amend … qualified immunity in every instance.

Niehaus v. Rural Peoria County Council on Aging, Inc.

Appellate Court of Illinois · Jun 23, 2000

Act (Tort Immunity Act or Act) (745 ILCS 10/8–101 (West 1996)). … The court stated: "the amendment to section 1–206 of the Tort Immunity Act (Ill. Rev.

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 to … The record also establishes that Fox River Street itself has never been used for recreation.

Garibaldi v. Applebaum

Appellate Court of Illinois · Nov 12, 1998

In Garibaldi I , we held that the hospital "clearly had a contractual relationship with Garibaldi in 1992." Garibaldi I , 273 Ill. App. 3d at 540 . … We also found that the qualified immunity granted under the Medical Practice Act only protects "individuals who serve on or provide service to those same hospital committees for actions or decisions of those individuals made

Bollinger v. Schneider

64 Ill. App. 3d 758 · Appellate Court of Illinois · Oct 16, 1978

Sections 4 — 102 and 4 — 103 provide respectively: “Neither a local public entity nor a public employee is liable for the failure to establish a police department or otherwise provide police protection service or, if police … Section 4 — 103 involves detentional facilities and the language of that section, as previously set forth, clearly indicates its applicability to the present facts.

Peters v. Herrin Community School District No. 4

401 Ill. App. 3d 356 · Appellate Court of Illinois · May 19, 2010

In the instant case, plaintiff pleaded sufficient facts to establish a duty under section 3 — 102(a) for the School District to protect Gene Peters. … The complaint alleged that the court was in a dangerous condition because it contained trenches that were clearly visible, that the defendant knew or should have known of this condition and that it would cause injury, and