comparative negligence doctrine in Illinois

100 Illinois opinions name it 3 courts 1869–2021 1 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.

Followed or applied (9)

Case	Followed	Cited
Alvis v. Ribargreen ill · 1981 · cited in 42 Illinois opinions naming this issue, 1981–2019 2 sentences 2018See Alvis v. Ribar, 85 Ill. 2d 1, 18 (1981) (“[W]e believe that the need to deter negligent parties supports the adoption of the comparative negligence doctrine in which each party would be liable for damages in direct proportion to his degree of carelessness.”). 2017See Alvis v. Ribar , 85 Ill. 2d 1 , 18, 52 Ill.Dec. 23 , 421 N.E.2d 886 (1981) ("[W]e believe that the need to deter negligent parties supports the adoption of the comparative negligence doctrine in which each party would be liable for damages in direct proportion to his degree of carelessness.").	6	42
Leonardi v. Loyola University of Chicagogreen ill · 1995 · cited in 3 Illinois opinions naming this issue, 1997–1997 2 sentences 1997Adoption of the doctrine of comparative negligence did not, however, result in the elimination of proximate cause as an element in a negligence action (see Owens v. Stokoe, 115 Ill.2d 177, 183 , 104 Ill.Dec. 694 , 503 N.E.2d 251 (1986); see also Leonardi, 168 Ill.2d at 93 , 212 Ill.Dec. 968 , 658 N.E.2d 450 ), and there can be more than one proximate cause contributing to any one injury ( Johanek v. Ringsby Truck Lines, Inc., 157 Ill. 1997Adoption of the doctrine of comparative negligence did not, however, result in the elimination of proximate cause as an element in a negligence action (see Owens v. Stokoe, 115 Ill. 2d 177, 183 (1986); see also Leonardi, 168 Ill. 2d at 93 ), and there can be more than one proximate cause contributing to any one injury (Johanek v. Ringsby Truck Lines, Inc., 157 Ill.	3	3
Johanek v. Ringsby Truck Lines, Inc.green illappct · 1987 · cited in 3 Illinois opinions naming this issue, 1997–1997 2 sentences 1997Adoption of the doctrine of comparative negligence did not, however, result in the elimination of proximate cause as an element in a negligence action (see Owens v. Stokoe, 115 Ill.2d 177, 183 , 104 Ill.Dec. 694 , 503 N.E.2d 251 (1986); see also Leonardi, 168 Ill.2d at 93 , 212 Ill.Dec. 968 , 658 N.E.2d 450 ), and there can be more than one proximate cause contributing to any one injury ( Johanek v. Ringsby Truck Lines, Inc., 157 Ill. 1997Adoption of the doctrine of comparative negligence did not, however, result in the elimination of proximate cause as an element in a negligence action (see Owens v. Stokoe, 115 Ill. 2d 177, 183 (1986); see also Leonardi, 168 Ill. 2d at 93 ), and there can be more than one proximate cause contributing to any one injury (Johanek v. Ringsby Truck Lines, Inc., 157 Ill.	3	3
Malanowski v. Jabamonigreen illappct · 2002 · cited in 4 Illinois opinions naming this issue, 2003–2005 2 sentences 2005More specifically, “[i]n a medical malpractice action, a comparative negligence instruction is appropriate if a party presents a theory of the case in which the patient’s negligence precedes or is contemporaneous with the physician’s malpractice; for example, when a patient delays in seeking treatment for his or her medical condition or injury.” Malanowski, 332 Ill. 2005More specifically, "[i]n a medical malpractice action, a comparative negligence instruction is appropriate if a party presents a theory of the case in which the patient's negligence precedes or is contemporaneous with the physician's malpractice; for example, when a patient delays in seeking treatment for his or her medical condition or injury." Malanowski , 332 Ill.	2	4
Owens v. Stokoegreen ill · 1986 · cited in 3 Illinois opinions naming this issue, 1997–1997 2 sentences 1997Adoption of the doctrine of comparative negligence did not, however, result in the elimination of proximate cause as an element in a negligence action (see Owens v. Stokoe, 115 Ill.2d 177, 183 , 104 Ill.Dec. 694 , 503 N.E.2d 251 (1986); see also Leonardi, 168 Ill.2d at 93 , 212 Ill.Dec. 968 , 658 N.E.2d 450 ), and there can be more than one proximate cause contributing to any one injury ( Johanek v. Ringsby Truck Lines, Inc., 157 Ill. 1997Adoption of the doctrine of comparative negligence did not, however, result in the elimination of proximate cause as an element in a negligence action (see Owens v. Stokoe, 115 Ill. 2d 177, 183 (1986); see also Leonardi, 168 Ill. 2d at 93 ), and there can be more than one proximate cause contributing to any one injury (Johanek v. Ringsby Truck Lines, Inc., 157 Ill.	2	3
Fetzer v. Woodgreen illappct · 1991 · cited in 2 Illinois opinions naming this issue, 2008–2008 2 sentences 2008“In Illinois, the parties are entitled to have the jury instructed on the issues presented, the principles of law to be applied, and the necessary facts to be proved to support its verdict.” Dillon v. Evanston Hospital, 199 Ill. 2d 483, 505 (2002); Fetzer v. Wood, 211 Ill. 2008“In Illinois, the parties are entitled to have the jury instructed on the issues presented, principles of law to be applied, and the necessary facts to be proved to support its verdict.” Dillon v. Evanston Hospital, 199 Ill. 2d 483, 505 (2002); Fetzer v. Wood, 211 Ill.	2	2
Gratzle v. Sears, Roebuck and Co.green illappct · 1993 · cited in 2 Illinois opinions naming this issue, 2008–2008 2 sentences 2008See Gratzle v. Sears, Roebuck & Co., 245 Ill. 2008See Gratzle v. Sears, Roebuck & Co., 245 Ill.	2	2
Dillon v. Evanston Hospitalgreen ill · 2002 · cited in 2 Illinois opinions naming this issue, 2008–2008 2 sentences 2008“In Illinois, the parties are entitled to have the jury instructed on the issues presented, the principles of law to be applied, and the necessary facts to be proved to support its verdict.” Dillon v. Evanston Hospital, 199 Ill. 2d 483, 505 (2002); Fetzer v. Wood, 211 Ill. 2008“In Illinois, the parties are entitled to have the jury instructed on the issues presented, principles of law to be applied, and the necessary facts to be proved to support its verdict.” Dillon v. Evanston Hospital, 199 Ill. 2d 483, 505 (2002); Fetzer v. Wood, 211 Ill.	2	2
Auton v. Logan Landfill, Inc.green ill · 1985 · cited in 2 Illinois opinions naming this issue, 2005–2005 2 sentences 2005In support of her forfeiture argument, Socha cites Auton v. Logan Landfill, Inc. , 105 Ill. 2d 537, 550 (1984), a products liability action in which, at trial, the plaintiff argued against a comparative negligence instruction but, on appeal, argued that a new trial was required because this court had recently applied comparative fault to a products liability claim. 2005In support of her forfeiture argument, Socha cites Auton v. Logan Landfill, Inc., 105 Ill. 2d 537, 550 (1984), a products liability action in which, at trial, the plaintiff argued against a comparative negligence instruction but, on appeal, argued that a new trial was required because this court had recently applied comparative fault to a products liability claim.	2	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (64)

Case	Cited	Years
Maki v. Frelk green ill · 1968 2 sentences 1981In Maki v. Frelk (1968), 40 Ill. 2d 193, 196 , 239 N.E.2d 445 , the supreme court rejected arguments similar to those advanced here 2 and it refused to judicially adopt a comparative negligence doctrine. 1981In Maki v. Frelk (1968), 40 Ill. 2d 193, 196 , 239 N.E.2d 445 , the supreme court rejected arguments similar to those advanced here 2 and it refused to judicially adopt a comparative negligence doctrine.	9	1969–1981
Smith v. Perlmutter green illappct · 1986 2 sentences 2002Smith v. Perlmutter, 145 Ill. 2002Smith v. Perlmutter , 145 Ill.App.3d 783 , 496 N.E.2d 358 (1986) (delay in seeking treatment for heart attack).	4	2000–2002
Ralston v. Plogger green illappct · 1985 2 sentences 2007App. 3d 90, 98 , 476 N.E.2d 1378 , the court found that superimposing comparative negligence onto section 2 of the Wrongful Death Act 'would plainly be a forbidden judicial amendment to the statute.' It would be incumbent upon the legislature itself to revise the Wrongful Death Act to make it more compatible with the emergent doctrine of comparative negligence." -58- 1-05-2126 Haist v. Wu, 235 Ill. 2007App. 3d 90, 98 , 476 N.E.2d 1378 , the court found that superimposing comparative negligence onto section 2 of the Wrongful Death Act ‘would plainly be a forbidden judicial amendment to the statute.’ It would be incumbent upon the legislature itself to revise the Wrongful Death Act to make it more compatible with the emergent doctrine of comparative negligence.” Haist v. Wu, 235 Ill.	3	1992–2007
Ward v. K Mart Corp. green ill · 1990 2 sentences 2002Ward, 136 Ill. 2d at 143 . 2002Ward, 136 Ill.2d at 143 , 143 Ill.Dec. 288 , 554 N.E.2d 223 .	3	1993–2002
Casey v. Baseden green ill · 1986 2 sentences 1994(Casey v. Baseden (1986), 111 Ill. 2d 341 .) However, not every negligent act of a claimant will be considered under the doctrine of comparative negligence. 1993(Casey v. Baseden (1986), 111 Ill. 2d 341, 346 , 490 N.E.2d 4, 6 .) However, not every negligence of plaintiff will be considered under the doctrine of comparative negligence. “ ‘The plaintiff’s negligence will not bar recovery unless it is a “proximate cause” of his injury.	3	1987–1994
Michalak v. County of La Salle green illappct · 1984 2 sentences 1993Relying on Michalak, the appellate court expressed what we construe to be views questioning the viability of the “cause vs. condition” doctrine after the adoption of the doctrine of comparative negligence in Illinois in Alvis v. Ribar (1981), 85 Ill. 2d 1 , 421 N.E.2d 886 : “As pointed out (see Michalak, 121 Ill. 1989With the adoption of the doctrine of comparative negligence, courts have been less willing to label an actor's conduct as a remote *641 or superseding cause of injury. ( Michalak v. County of La Salle (1984), 121 Ill.	3	1989–1993
Skinner v. Reed-Prentice Division Package MacHinery Co. green ill · 1978 2 sentences 1988(See Allison v. Shell Oil Co. (1986), 113 Ill. 2d 26, 32-34 .) We have left open, however, the question whether certain other theories of implied indemnity, such as an action based on vicarious liability, or an action brought by a “downstream” seller against an “upstream” product manufacturer or distributor, which is the form asserted by Munsterman in this case, survived the decision in Skinner v. Reed-Prentice Division Package Machinery Co. (1977), 70 Ill. 2d 1 , and the subsequent enactment of the Contribution Act. 1986Heinrich v. Peabody International Corp. (1984), 99 Ill. 2d 344 , 459 N.E.2d 935 ; Skinner v. Reed-Prentice Division Package Machinery Co. (1977), 70 Ill. 2d 1 , 374 N.E.2d 437 , cert. denied (1978), 436 U.S. 946 , 56 L.	3	1978–1988
Haist v. Wu green illappct · 1992 2 sentences 2007App. 3d 90, 98 , 476 N.E.2d 1378 , the court found that superimposing comparative negligence onto section 2 of the Wrongful Death Act 'would plainly be a forbidden judicial amendment to the statute.' It would be incumbent upon the legislature itself to revise the Wrongful Death Act to make it more compatible with the emergent doctrine of comparative negligence." -58- 1-05-2126 Haist v. Wu, 235 Ill. 2007App. 3d 90, 98 , 476 N.E.2d 1378 , the court found that superimposing comparative negligence onto section 2 of the Wrongful Death Act ‘would plainly be a forbidden judicial amendment to the statute.’ It would be incumbent upon the legislature itself to revise the Wrongful Death Act to make it more compatible with the emergent doctrine of comparative negligence.” Haist v. Wu, 235 Ill.	2	2007–2007
Aimonette v. Hartmann green illappct · 1991 2 sentences 2000Aimonette, 214 Ill. 1999Aimonette , 214 Ill.	2	1999–2000
Bofman v. Material Service Corp. green illappct · 1984 2 sentences 1997App. 3d 1053, 1063-64 , 466 N.E.2d 1064 (1984), the comparative negligence instruction under review required the jury to consider the negligence of "all other persons” in computing "total combined negligence.” Bofman, 125 Ill. 1997App. 3d 1053, 1063-64 , 466 N.E.2d 1064 (1984), the comparative negligence instruction under review required the jury to consider the negligence of "all other persons” in computing "total combined negligence.” Bofman, 125 Ill.	2	1997–1997
Galena & Chicago Union Railroad v. Jacobs green ill · 1858 2 sentences 1981Co. v. Jacobs (1858), 20 Ill. 478, 497 .) Thus, in 1858, Illinois became a State which followed the doctrine of comparative negligence. 1981Co. v. Jacobs (1858), 20 Ill. 478, 497 .) Thus, in 1858, Illinois became a State which followed the doctrine of comparative negligence.	2	1869–1981
Maki v. Frelk green illappct · 1967 2 sentences 1974This rule was carefully re-examined and upheld by the Illinois Supreme Court in Maki v. Frelk (1968) 40 Ill.2d 193 reversing the Appellate Court which had attempted to change the contributory negligence rule and adopt the comparative negligence doctrine. [ 85 Ill.App.2d 439 ] The law remains unchanged. 1974This rule was carefully re-examined and upheld by the Illinois Supreme Court in Maki v. Frelk (1968) 40 Ill.2d 193 , reversing the Appellate Court which had attempted to change the contributory negligence rule and adopt the comparative negligence doctrine. [ 85 Ill.App.2d 439 ] The law remains unchanged.	2	1974–1974
Willard v. Swansen green ill · 1888 2 sentences 1904This view is sustained by the following decisions of this court: Willard v. Swansen, 126 Ill. 381 ; Chicago, Burlington and Quincy Railroad Co. v. Warner, 123 id. 38; Village of Mansfield v. Moore, 124 id. 133; Calumet Iron and Steel Co. v. Martin, 115 id. 358; Chicago, Burlington and Quincy Railroad Co. v. Johnson, 103 id. 512; Chicago and Alton Railroad Co. v. Johnson, 116 id. 206.” No instruction advised the jury that the plaintiff could recover if she was guilty of negligence herself. 1900This view is sustained by the following decisions of this court: Willard v. Swansen, 126 Ill. 381 ; Chicago, Burlington and Quincy Railroad Co. v. Warner, 123 id. 38; Village of Mansfield v. Moore, 124 id. 133; Calumet Iron and Steel Co. v. Martin, 115 id. 358; Chicago, Burlington and Quincy Railroad Co. v. Johnson, 103 id. 512; Chicago and Alton Railroad Co. v. Johnson, 116 id. 206. ” It is further assigned as error that the court instructed the jury orally in respect to visiting the scene of the accident or examining the location, ii appears from the abstract: “The hour for adjournment havin	2	1900–1904
Calumet Iron & Steel Co. v. Martin green · 1885 2 sentences 1897Co. v. Hessions, 150 Ill. 546 , the court say: “We have repeatedly held, in effect, in the later decisions, beginning with Calumet Iron and Steel Co. v. Martin, 115 Ill. 358 , that the doctrine of comparative negligence, as announced in the earlier cases, is no longer the law of this State, and it is to be no longer regarded as a correct rule of law applicable in cases of this character. 1894We have repeatedly held, in effect, in the later decisions, beginning with Calumet Iron and Steel Co. v. Martin, 115 Ill. 358 , that the doctrine of comparative negligence, as announced in the earlier • cases, was no longer the law of this State, and it is to be no longer regarded as a correct rule of law applicable in cases of this character.	2	1894–1897
Pullman Palace Car Co. v. Laack green · 1892 2 sentences 1897Pullman Palace Car Co. v. Laack, 143 Ill. 242 ; Mansfield v. Moore, 124 Id. 133. 1894(Pullman Palace Car Co. v. Laack, 143 Ill. 242 ; Mansfield v. Moore, 124 id. 133.) The doctrine announced in the later decisions, as applied to this class of cases, requires, as a condition to recovery by the plaintiff, that the person injured be found to be in the exercise of ordinary care for his own safety, and that the injury resulted from the negligence of the defendant.	2	1894–1897
Lake Shore & Michigan Southern Railway Co. v. Hessions neutral ill · 1894 2 sentences 1897Co. v. Hessions, 150 Ill. 546 , the court say: “We have repeatedly held, in effect, in the later decisions, beginning with Calumet Iron and Steel Co. v. Martin, 115 Ill. 358 , that the doctrine of comparative negligence, as announced in the earlier cases, is no longer the law of this State, and it is to be no longer regarded as a correct rule of law applicable in cases of this character. 1895Co. v. Hessions, 150 Ill. 546 : “We have repeatedly held, in effect, in the later decisions * * * -that the doctrine of comparative negligence, as announced in the earlier cases, was no longer the law of this State, and it is to be no longer regarded as a correct rule of law applicable in cases of this character.	2	1895–1897
Johnson v. Johnson green illappct · 2008 1 sentence 2021Johnson v. Johnson, 386 Ill.	1	2021–2021
Kraemer v. State neutral ilclaimsct · 1990 1 sentence 1999(Kraemer v. State (1990), 42 Ill.	1	1999–1999
Coulson v. State neutral ilclaimsct · 1993 1 sentence 1998(Coulson v. State (1993), 46 Ill.	1	1998–1998
Peterson v. State neutral ilclaimsct · 1984 1 sentence 1996(Peterson v. State of Illinois (1984), 37 Ill.	1	1996–1996
Stevens v. Lou's Lemon Tree, Ltd. green illappct · 1989	1	1993–1993
Willson v. Pepich green illappct · 1983	1	1993–1993
Briske v. Village of Burnham green ill · 1942	1	1993–1993
Cravens v. Inman green illappct · 1991	1	1993–1993
Palladini v. City of East Peoria green illappct · 1985 1 sentence 1993App. 3d 345 , 480 N.E.2d 530 , where the language of the statute was construed to be consistent with the comparative negligence doctrine first set forth in Alvis v. Ribar (1981), 85 Ill. 2d 1 , 421 N.E.2d 886 .	1	1993–1993
DiBenedetto v. Flora Tp. green illappct · 1991	1	1993–1993
Curtis v. County of Cook green ill · 1983	1	1991–1991
La Salle National Bank v. City of Chicago green illappct · 1985	1	1991–1991
State Farm Fire & Casualty Co. v. McGlawn green illappct · 1980	1	1989–1989
Keller v. Kiedinger green ala · 1980	1	1989–1989
Gorday v. Faris green fladistctapp · 1988	1	1989–1989
Allison v. Shell Oil Co. green ill · 1986	1	1988–1988
Superior Oil Co. v. Sterling green scotus · 1978	1	1988–1988
Thomas v. Northington green illappct · 1985	1	1987–1987
Dodson v. Shaw neutral illappct · 1983	1	1987–1987
Magnone v. Chicago & North Western Transportation Co. green illappct · 1984	1	1986–1986
Heinrich v. Peabody International Corp. green ill · 1984	1	1986–1986
Southpark Square, Ltd. v. City of Jackson green scotus · 1978	1	1986–1986
Alexander v. Aero Lodge No. 735, International Ass'n of Machinists & Aerospace Workers green scotus · 1978	1	1986–1986
Long v. City of New Boston green ill · 1982	1	1985–1985

Statutes the citing opinions construe

IL § 740 ILCS 100/2 (6) IL § 735 ILCS 5/2-1005 (3) IL § 735 ILCS 5/2-1116 (3) IL § 740 ILCS 100/0.01 (3) IL § 740 ILCS 110/10 (3) USC § 45u.s.c.51 (3)

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.

Where else courts name it

FL 116 (1918–2024) IL 100 (1869–2021) MI 86 (1898–2025) CA 74 (1917–2026) GA 67 (1907–2024) MS 44 (1939–2024) LA 43 (1932–2022) NY 40 (1908–2026) NM 37 (1952–2012) OH 37 (1931–2025) WV 35 (1931–2024) CT 33 (1979–2017) NJ 28 (1960–2020) PA 24 (1947–2025) CO 22 (1973–2017) NE 21 (1934–1998) KY 21 (1938–2022) SC 17 (1991–2023) TX 17 (1946–2023) IA 16 (1980–2016) AK 16 (1975–2008) KS 13 (1883–1995) MO 12 (1888–2007) WI 11 (1957–2011) NV 9 (1992–2022) WA 9 (1904–2018) TN 9 (1971–2001) ME 9 (1968–2017) AL 9 (1989–2017) ND 8 (1974–2012) MT 8 (1948–2025) MD 7 (1982–2016) AZ 7 (1956–2010) VA 7 (1930–2003) WY 6 (1979–2002) MN 6 (1959–1989) DE 6 (1991–2021) DC 5 (1982–2011) HI 5 (1968–2006) ID 5 (1990–2017) OK 5 (1989–2012) AR 4 (1925–1988) MA 4 (1998–2010) NC 4 (1968–2012) VT 3 (1977–2006) OR 3 (1970–2006) IN 3 (1974–1999) SD 2 (1934–1983) VI 2 (2014–2017) UT 2 (1983–1995) NH 2 (1997–2001)

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.

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