Case law

Mazin v. Chicago White Sox, Ltd. Modified on Denial of Rehearing

Appellate Court of Illinois · Jul 18, 2005

App. 3d 1063, 1075 , 637 N.E.2d 506 (1994) ("governmental tort immunity under the Tort Immunity Act must be raised and pled as an affirmative defense or else it is waived"). … The tree and surrounding grate were clearly intended to beautify the walkway and interrupted the flow of traffic of the adjacent sidewalk. But our analysis does not end there.

Wright-Young v. Chicago State University

2019 IL App (1st) 181073 · Appellate Court of Illinois · Sep 27, 2019

Qualified Immunity ¶ 82 In the trial court, the Board also asserted qualified immunities—under sections 3-108 25 No. 1-18-1073 (745 ILCS 10/3-108 (West 2012) (providing … qualified immunity for the supervision of an activity or use of any public property)) and 3-106 (id. § 3-106 (West 2012) (qualified immunity for injuries caused by a condition of any public property used or intended to

Carr v. Koch

355 Ill. Dec. 758 · Appellate Court of Illinois · Oct 28, 2011

The standards are not a state curriculum, but their "purpose is to clearly define essential knowledge and skills that students should have as a result of their schooling." … However, "[s]chool districts are not required to exert a minimum Operating Tax Rate in order to qualify for assistance under this Section." 105 ILCS 5/18-8.05(A)(4) (West 2010).

Grimes v. Saikley

388 Ill. App. 3d 802 · Appellate Court of Illinois · Mar 10, 2009

With respect to count II, the court stated the complaint did not establish the necessary elements. … Griesheimer (1982), 92 Ill. 2d 13 , 440 N.E.2d 96 , the supreme court established the standard for pleading the liability of attorneys to nonclients in legal[,]malpractice actions.

Godair v. Metro East Sanitary District

2021 IL App (5th) 200160 · Appellate Court of Illinois · Mar 17, 2021

Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … We find that the plaintiff has failed to establish that the district owed her a duty.

Elfayer v. City of Chicago

325 Ill. App. 3d 1076 · Appellate Court of Illinois · Sep 14, 2001

Therefore, were a duty owed, plaintiff failed to establish a breach by defendant. C. … Tort Immunity Act Having reached the foregoing conclusions, we need not consider application of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1 — 101 et seq.

Ozik v. Gramins

279 Ill. Dec. 68 · Appellate Court of Illinois · Oct 27, 2003

Plaintiff responds that willful and wanton conduct is an established exception to the public duty rule and to the immunities granted to municipalities and their employees by the Tort Immunity Act. … The court noted that section 2 — 202 of the Tort Immunity Act applied to the facts because “in responding to the domestic dispute at the [man’s] residence, [the officers] were clearly involved ‘in the execution or enforcement

Thompson v. COOK CTY. FOREST PRESERVE DIST.

231 Ill. App. 3d 88 · Appellate Court of Illinois · Jun 19, 1992

He stated that crosswalks are intended to funnel large groups of pedestrians from one clearly defined point to another. … The court rejected defendant's claim that 3-104(a) immunized it from liability. Initially, we note that neither the Janssen nor DiOrio court determined that the Act established a duty to warn.

Zdeb v. Baxter International, Inc.

Appellate Court of Illinois · Jun 26, 1998

The marketplace for disposable infusers is well established and profitable. During the 1980s and currently, Baxter's I.V. … If Baxter concludes that the complaint establishes a qualified privilege, a denial of the allegation negating justification is all that is required of it.

Enterprise Recovery Systems, Inc. v. Salmeron

401 Ill. App. 3d 65 · Appellate Court of Illinois · Mar 31, 2010

She clearly breached that duty when, as her own admission establishes, she lied to Enterprise in signing the general release in order to induce a significant settlement payment knowing at the time that she had no intention … Yet Salmerón did not seek to invoke the immunity of the Act which she now claims.

People v. Sangster

95 Ill. App. 3d 357 · Appellate Court of Illinois · Apr 22, 1981

Although the promised immunity was complete, Farris’ testimony had to fulfill certain conditions. He was told that he would not be immunized if it developed that he had shot anyone that morning. … It is not clearly apparent that the equal guilt of principals and accomplices supports the result here. In People v.

Chadha v. North Park Elementary School Association

2018 IL App (1st) 171958 · Appellate Court of Illinois · May 17, 2019

Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … to the responding party to produce “clear and convincing evidence that the acts of the moving party are not immunized from, or are not in furtherance of acts immunized from, liability” under the Act.

Ciochon v. Bellino

184 Ill. App. 3d 993 · Appellate Court of Illinois · Jun 13, 1989

Stat. 1983, ch. 85, par. 3 — 105) (Tort Immunity Act) granted it immunity from suit for the effects of wind and rain on public streets. … Rather, the City must, by well-pleaded facts, clearly establish its right to judgment. (Komater v. Kenton Court Associates (1986), 151 Ill. App. 3d 632 , 502 N.E.2d 1295 .) The City has failed to do so.

People v. Carter

2019 IL App (1st) 170803 · Appellate Court of Illinois · Feb 4, 2021

The record establishes that Officer Luzadder encountered defendant after an unknown caller placed two separate 911 calls. … As we explained in Schmidt, “by using the word ‘other’ after listing 14 specific felonies [in the forcible felony definition], the legislature clearly intended the residual category to refer

Prostran v. City of Chicago

Appellate Court of Illinois · Jun 11, 2004

We disagree that this circumstance qualifies under the “distraction” exception to the open and obvious rule. … Ide did not consider immunity under section 3-104 of the Tort Immunity Act.

Kawaguchi v. Gainer

Appellate Court of Illinois · Sep 16, 2005

(footnote: 3) Effinger did not say Trooper Gainer was driving something other than a clearly marked police car. Trooper Gainer was apparently injured in the accident. … Moreover, here, unlike in Currie , the undisputed evidence establishes that Trooper Gainer was responding to an emergency.

Archview Investments, Inc. v. City of Collinsville

223 Ill. App. 3d 24 · Appellate Court of Illinois · Dec 12, 1991

. §1983 (1988)), (2) that defendants, city council members, should not have been granted qualified immunity by the circuit court, (3) that the administrative decision of the city council is against the manifest weight of … A finding cannot be adjudged against the manifest weight of the evidence unless an opposite conclusion is clearly evidenced from the record. Rolando v. School Directors of District No. 125 (1976), 44 Ill.

People v. Cazaux

119 Ill. App. 2d 11 · Appellate Court of Illinois · Dec 30, 1969

Defendant’s first contention is that the evidence clearly shows entrapment. … He also asked whether the court would grant immunity to a defense witness.

DiBenedetto v. Flora Tp.

219 Ill. App. 3d 1091 · Appellate Court of Illinois · Oct 18, 1991

The Tort Immunity Act adopted the general principle that local governmental units may be liable in tort but placed limits on such liability with an extensive list of immunities based on specific governmental functions. … We note that, although defendant in this case has not raised the issue of immunity in its appellate brief, it apparently argued before the trial court that section 3 — 105(a) of the Tort Immunity Act (Ill. Rev.

Emery v. NE ILL. REGIONAL COMMUTER RR

880 N.E.2d 1002 · Appellate Court of Illinois · Nov 30, 2007

Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … Defendant Metra alternatively contends that even if we were to adopt the tort of compelled self-defamation, *1009 it would be immune from liability under the Tort Immunity Act.