21 Illinois opinions name it 2 courts 1976–2026 6 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jones v. Chicago HMO Ltd. of Illinoisgreen2 sentences2025See Jones, 191 Ill. 2d at 298 (“[T]he tort of institutional negligence ‘does not encompass, whatsoever, a hospital’s responsibility for the conduct of its *** medical professionals.’ ”) (quoting Advincula, 176 Ill. 2d - 77 - at 31). ¶ 271 Even if a duty for a patient’s benefit did apply to a medical staffing group like Infinity, plaintiff has not alleged facts showing that Infinity breached that duty or that any supposed breach proximately caused the patient’s injury. 2025See Jones, 191 Ill. 2d at 298 (“[T]he tort of institutional negligence ‘does not encompass, whatsoever, a hospital’s responsibility for the conduct of its *** medical professionals.’ ”) (quoting Advincula, 176 Ill. 2d - 77 - at 31). ¶ 271 Even if a duty for a patient’s benefit did apply to a medical staffing group like Infinity, plaintiff has not alleged facts showing that Infinity breached that duty or that any supposed breach proximately caused the patient’s injury. | 2 | 2 |
Butler v. Gamma Nu Chapter of Sigma Chigreen2 sentences2018Nov. 18, 1999) (denying a national organization's summary judgment motion on a plaintiff's vicarious liability claim because the organization "may have possessed some control over its local members and their houses"); see also Butler v. Gamma Nu Chapter of Sigma Chi , 314 S.C. 477 , 445 S.E.2d 468 , 482 (App. 1994) ; Supreme Lodge of World, Loyal Order of Moose v. Kenny , 198 Ala. 332 , 73 So. 519 (1916) ; Thompson v. Supreme Tent of Knights of Maccabees of the World , 189 N.Y. 294 , 82 N.E. 141 (1907) ; Mitchell v. Leech , 69 S.C. 413 , 48 S.E. 290 (1904). 2018Nov. 18, 1999) (denying a national organization's summary judgment motion on a plaintiff's vicarious liability claim because the organization "may have possessed some control over its local members and their houses"); see also Butler v. Gamma Nu Chapter of Sigma Chi , 314 S.C. 477 , 445 S.E.2d 468 , 482 (App. 1994) ; Supreme Lodge of World, Loyal Order of Moose v. Kenny , 198 Ala. 332 , 73 So. 519 (1916) ; Thompson v. Supreme Tent of Knights of Maccabees of the World , 189 N.Y. 294 , 82 N.E. 141 (1907) ; Mitchell v. Leech , 69 S.C. 413 , 48 S.E. 290 (1904). | 2 | 2 |
American Nat. Bank and Trust Co. v. Columbus-Cuneo-Cabrini Medical Centergreen2 sentences2026Outboard Marine Corp. v. Liberty Mutual Insurance Co., 154 Ill. 2d 90, 102 (1992). ¶ 16 In Gilbert, the Illinois Supreme Court affirmed its prior holding that when a plaintiff brings a vicarious liability claim against a principal, “ ‘any settlement between the agent and the plaintiff must also extinguish the principal’s vicarious liability.’ ” Gilbert, 156 Ill. 2d at 528 (quoting American National Bank & Trust Co. v. Columbus-Cuneo-Cabrini Medical Center, 154 Ill. 2d 347, 355 (1992)). 2004BMW urges us to affirm the trial court’s finding that common law tort principles require an interpretation that reads a vicarious liability exception into section 2(c), arguing that the supreme court has already approved such an exception in American National, 154 Ill. 2d at 355 , 609 N.E.2d at 289-90 . | 1 | 3 |
Outboard Marine Corp. v. Liberty Mutual Insurancegreen1 sentence2026Outboard Marine Corp. v. Liberty Mutual Insurance Co., 154 Ill. 2d 90, 102 (1992). ¶ 16 In Gilbert, the Illinois Supreme Court affirmed its prior holding that when a plaintiff brings a vicarious liability claim against a principal, “ ‘any settlement between the agent and the plaintiff must also extinguish the principal’s vicarious liability.’ ” Gilbert, 156 Ill. 2d at 528 (quoting American National Bank & Trust Co. v. Columbus-Cuneo-Cabrini Medical Center, 154 Ill. 2d 347, 355 (1992)). | 1 | 1 |
Edgar County Bank & Trust Co. v. Paris Hospital, Inc.green1 sentence2026See Edgar County Bank & Trust Co., 57 Ill. 2d at 302 . | 1 | 1 |
Maple v. Gustafsongreen1 sentence2023A reviewing court may not “usurp the function of the jury and substitute its judgment on questions of fact fairly submitted, tried and determined from the evidence.” Maple v. Gustafson, 151 Ill. 2d 445, 452 (1992). ¶ 53 For a hospital to be found liable for the negligent acts of a physician under the doctrine of vicarious liability, the plaintiff must prove what is known as the “holding out” factor – that (1) the hospital held out the physician as its agent, or (2) the hospital had knowledge of and acquiesced to the physician holding herself out as the hospital’s agent. | 1 | 1 |
Monson v. City of Danvillegreen1 sentence2023See Monson v. City of Danville, 2018 IL 122486, ¶ 41 (the reviewing court may affirm the trial court’s judgment on any basis appearing in the record). ¶ 17 Alternatively, we address whether the trial court erred in granting summary judgment on the vicarious liability claim. | 1 | 1 |
Wallace v. ALEXIAN BROS. MEDICAL CENTERgreen1 sentence2023See Wallace v. Alexian Brothers Medical Center, 389 Ill. | 1 | 1 |
Witherell v. Weimergreen1 sentence2019Plaintiff relies on section 2-1201(d) of the Code of Civil Procedure (Code) (735 ILCS 5/2- 1201(d) (West 2016)), and several decisions applying the general verdict rule. ¶ 17 In response, Vector and Cutco argue that if the circuit court erred by denying the motion for directed verdict on the direct liability claim in count V, the direct liability claim would not have gone to the jury, and, at a minimum, Vector and Cutco would have been entitled to the proffered special interrogatory as to whether McClellan was an independent contractor, which they contend would have controlled the verdict on t | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Supreme Lodge Loyal Order of Moose v. Kenny
green
2 sentences2018Nov. 18, 1999) (denying a national organization's summary judgment motion on a plaintiff's vicarious liability claim because the organization "may have possessed some control over its local members and their houses"); see also Butler v. Gamma Nu Chapter of Sigma Chi , 314 S.C. 477 , 445 S.E.2d 468 , 482 (App. 1994) ; Supreme Lodge of World, Loyal Order of Moose v. Kenny , 198 Ala. 332 , 73 So. 519 (1916) ; Thompson v. Supreme Tent of Knights of Maccabees of the World , 189 N.Y. 294 , 82 N.E. 141 (1907) ; Mitchell v. Leech , 69 S.C. 413 , 48 S.E. 290 (1904). 2018Nov. 18, 1999) (denying a national organization's summary judgment motion on a plaintiff's vicarious liability claim because the organization "may have possessed some control over its local members and their houses"); see also Butler v. Gamma Nu Chapter of Sigma Chi , 314 S.C. 477 , 445 S.E.2d 468 , 482 (App. 1994) ; Supreme Lodge of World, Loyal Order of Moose v. Kenny , 198 Ala. 332 , 73 So. 519 (1916) ; Thompson v. Supreme Tent of Knights of Maccabees of the World , 189 N.Y. 294 , 82 N.E. 141 (1907) ; Mitchell v. Leech , 69 S.C. 413 , 48 S.E. 290 (1904). | 2 | 2018–2018 |
Thompson v. Supreme Tent of the Knights of the MacCabees of the World
green
2 sentences2018Nov. 18, 1999) (denying a national organization's summary judgment motion on a plaintiff's vicarious liability claim because the organization "may have possessed some control over its local members and their houses"); see also Butler v. Gamma Nu Chapter of Sigma Chi , 314 S.C. 477 , 445 S.E.2d 468 , 482 (App. 1994) ; Supreme Lodge of World, Loyal Order of Moose v. Kenny , 198 Ala. 332 , 73 So. 519 (1916) ; Thompson v. Supreme Tent of Knights of Maccabees of the World , 189 N.Y. 294 , 82 N.E. 141 (1907) ; Mitchell v. Leech , 69 S.C. 413 , 48 S.E. 290 (1904). 2018Nov. 18, 1999) (denying a national organization's summary judgment motion on a plaintiff's vicarious liability claim because the organization "may have possessed some control over its local members and their houses"); see also Butler v. Gamma Nu Chapter of Sigma Chi , 314 S.C. 477 , 445 S.E.2d 468 , 482 (App. 1994) ; Supreme Lodge of World, Loyal Order of Moose v. Kenny , 198 Ala. 332 , 73 So. 519 (1916) ; Thompson v. Supreme Tent of Knights of Maccabees of the World , 189 N.Y. 294 , 82 N.E. 141 (1907) ; Mitchell v. Leech , 69 S.C. 413 , 48 S.E. 290 (1904). | 2 | 2018–2018 |
Advincula v. United Blood Services
green
2 sentences2015Advincula, 176 Ill. 2d at 31 . 2015Advincula, 176 Ill. 2d at 31 . | 2 | 2015–2015 |
Gilbert v. Sycamore Municipal Hospital
green
2 sentences2026Outboard Marine Corp. v. Liberty Mutual Insurance Co., 154 Ill. 2d 90, 102 (1992). ¶ 16 In Gilbert, the Illinois Supreme Court affirmed its prior holding that when a plaintiff brings a vicarious liability claim against a principal, “ ‘any settlement between the agent and the plaintiff must also extinguish the principal’s vicarious liability.’ ” Gilbert, 156 Ill. 2d at 528 (quoting American National Bank & Trust Co. v. Columbus-Cuneo-Cabrini Medical Center, 154 Ill. 2d 347, 355 (1992)). 2026The supreme court made it clear that this rule “stands regardless of whether the plaintiff’s covenant not to sue the agent expressly reserves the plaintiff’s right to seek recovery from the principal.” Gilbert, 156 Ill. 2d at 528-29 . | 1 | 2026–2026 |
Snelson v. Kamm
green
1 sentence2024Vicarious Liability Claim ¶ 97 As to proximate causation on the vicarious liability claim, Advocate argues that this case is similar to Gill v. Foster, 157 Ill. 2d 304 (1993), and Snelson v. Kamm, 204 Ill. 2d 1 (2003). | 1 | 2024–2024 |
Gill v. Foster
green
1 sentence2024Vicarious Liability Claim ¶ 97 As to proximate causation on the vicarious liability claim, Advocate argues that this case is similar to Gill v. Foster, 157 Ill. 2d 304 (1993), and Snelson v. Kamm, 204 Ill. 2d 1 (2003). | 1 | 2024–2024 |
Dillon v. Evanston Hospital
green
1 sentence2019In Dillon v. Evanston Hospital, 199 Ill. 2d 483 , 491- 92 (2002), our supreme court found that where the plaintiff asserted multiple theories of negligence in her complaint and defendants raised challenges to two of those theories on appeal, the verdict could not be set aside on the bases advanced by the defendants, as there were no challenges to the sufficiency of the evidence on the other theories. | 1 | 2019–2019 |
Blockmon v. McClellan
green
1 sentence2019Plaintiff relies on section 2-1201(d) of the Code of Civil Procedure (Code) (735 ILCS 5/2- 1201(d) (West 2016)), and several decisions applying the general verdict rule. ¶ 17 In response, Vector and Cutco argue that if the circuit court erred by denying the motion for directed verdict on the direct liability claim in count V, the direct liability claim would not have gone to the jury, and, at a minimum, Vector and Cutco would have been entitled to the proffered special interrogatory as to whether McClellan was an independent contractor, which they contend would have controlled the verdict on t | 1 | 2019–2019 |
Wilkerson v. McCarthy
green
1 sentence2018Nov. 18, 1999) (denying a national organization's summary judgment motion on a plaintiff's vicarious liability claim because the organization "may have possessed some control over its local members and their houses"); see also Butler v. Gamma Nu Chapter of Sigma Chi , 314 S.C. 477 , 445 S.E.2d 468 , 482 (App. 1994) ; Supreme Lodge of World, Loyal Order of Moose v. Kenny , 198 Ala. 332 , 73 So. 519 (1916) ; Thompson v. Supreme Tent of Knights of Maccabees of the World , 189 N.Y. 294 , 82 N.E. 141 (1907) ; Mitchell v. Leech , 69 S.C. 413 , 48 S.E. 290 (1904). | 1 | 2018–2018 |
Chemicals v. BMW Constructors, Inc.
green
1 sentence2018Our appellate court noted that these “dispositive” considerations were not implicated in American National Bank or Bristow because the plaintiffs in those cases “were neither employed by the principal nor coworkers of the person(s) whose actions formed the basis for the vicarious liability claim.” Id. at 603-04 . | 1 | 2018–2018 |
Bristow v. Griffitts Construction Co.
green
2 sentences2017App. 3d 191 , 194, 94 Ill.Dec. 506 , 488 N.E.2d 332 (1986) ("Under the doctrine of vicarious liability, an employer is held liable to a third party even when the employer is free from all fault. * * * [T]he employer is held liable as a matter of policy, but he is not a wrongdoer" or a tortfeasor.). 2017App. 3d 191 , 194, 94 Ill.Dec. 506 , 488 N.E.2d 332 (1986) ("Under the doctrine of vicarious liability, an employer is held liable to a third party even when the employer is free from all fault. * * * [T]he employer is held liable as a matter of policy, but he is not a wrongdoer" or a tortfeasor.). | 1 | 2017–2017 |
Parks v. Brinkman
green
1 sentence2014She also -6- 2014 IL App (2d) 130633 added a new count II that asserted a vicarious liability claim against the Jaycees. | 1 | 2014–2014 |
Offshore Logistics, Inc. v. Tallentire
green
2 sentences2005Furthermore, while we acknowledge that we are bound by federal statute to follow federal maritime law in this matter (see 28 U.S.C. § 1333 (1) (2004); Offshore Logistics, Inc., 477 U.S. at 222-23 , 106 S.Ct. at 2494 , 91 L.Ed.2d at 189-90 ), Nietes and the federal cases that have followed its reasoning and holding indicate that the question of whether a vicarious liability claim against a shipowner for the negligent treatment by its on-board doctor will stand under maritime law is not settled at this time. 2005Ed. 2d at 189-90 , 106 S. Ct. at 2494 ), Nietes and the federal cases that have followed its reasoning and holding indicate that the question of whether a vicarious liability claim against a shipowner for the negligent treatment by its on-board doctor will stand under maritime law is not settled at this time. | 1 | 2005–2005 |
Horwitz v. Holabird & Root
green
2 sentences2004The majority notes, however, that I, unlike Justice Freeman, "distinguish[] attorneys from all other types of agents and carve[] out an exception to the vicarious liability rule based on that distinction." 212 Ill.2d at 22 , 287 Ill.Dec. at 522 , 816 N.E.2d at 284 . 2004The majority notes, however, that I, unlike Justice Freeman, "distinguish[] attorneys from all other types of agents and carve[] out an exception to the vicarious liability rule based on that distinction." 212 Ill.2d at 22 , 287 Ill.Dec. at 522 , 816 N.E.2d at 284 . | 1 | 2004–2004 |
Letsos v. Century 21-New West Realty
green
2 sentences2004App.3d 1056, 1069 , 221 Ill.Dec. 310 , 675 N.E.2d 217 (1996)), Chief Justice McMorrow distinguishes attorneys from all other types of agents and carves out an exception to the vicarious liability rule based on that distinction. 2004App.3d 1056, 1069 , 221 Ill.Dec. 310 , 675 N.E.2d 217 (1996)), Chief Justice McMorrow distinguishes attorneys from all other types of agents and carves out an exception to the vicarious liability rule based on that distinction. | 1 | 2004–2004 |
Harrison v. United States
green
2 sentences1982LaFave & A. Scott, Jr., Criminal Law sec. 61, at 455 (1972), quoting from Harrison v. United States (2d Cir.1925), 7 F.2d 259 ).) The accused's right to be tried by a jury in the county where the offense allegedly took place is an important constitutional guarantee, for it safeguards against unfairness and hardship caused when he is prosecuted in a remote place and should not be restricted without express legislative authority. 1982LaFave & A. Scott, Jr., Criminal Law sec. 61, at 455 (1972), quoting from Harrison v. United States (2d Cir. 1925), 7 F.2d 259 ).) The accused’s right to be tried by a jury in the county where the offense allegedly took place is an important constitutional guarantee, for it safeguards against unfairness and hardship caused when he is prosecuted in a remote place and should not be restricted without express legislative authority. | 1 | 1982–1982 |
Schedler v. Rowley Interstate Transportation Co.
green
1 sentence1979On appeal, the appellate court, with one justice dissenting, affirmed and ruled that the vicarious liability doctrine of Schedler v. Rowley Interstate Transport Co. (1977), 68 Ill. 2d 7 , did not apply to trucks operating at the time of an accident solely in intrastate rather than interstate commerce. | 1 | 1979–1979 |
Kreider Truck Service, Inc. v. Augustine
neutral
1 sentence1979The court further ruled that Kreider had no common law liability because neither it nor its agents had been operating the vehicles at the time of the accident. ( 64 Ill. | 1 | 1979–1979 |
D. L. Fair Lumber Co. v. Weems
green
2 sentences1976Fair Co. v. Weems (1944), 196 Miss. 201 , 16 So.2d 770 ; Southern Camp W.Q.W. v. Roland (1936), 232 Ala. 541 ,168 S. 576). 1976Fair Co. v. Weems (1944), 196 Miss. 201 , 16 So.2d 770 ; Southern Camp W.Q.W. v. Roland (1936), 232 Ala. 541 ,168 S. 576). | 1 | 1976–1976 |
Sovereign Camp W. O. W. v. Roland
green
1 sentence1976Fair Co. v. Weems (1944), 196 Miss. 201 , 16 So.2d 770 ; Southern Camp W.Q.W. v. Roland (1936), 232 Ala. 541 ,168 S. 576). | 1 | 1976–1976 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.