common-law public duty rule (Illinois) · Go Syfert
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common-law public duty rule in Illinois

10 Illinois opinions name it 2 courts 2011–2023 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 (6)

CaseFollowedCited
Burdinie v. Village of Glendale Heightsgreen
ill · 1990 · cited in 2 Illinois opinions naming this issue, 2016–2017
2 sentences

2017For instance, our supreme court has observed that section 2-103 codifies (at least in part) the common-law public duty rule, namely, that “municipalities are not liable in tort to members of the general public for failure to enforce local laws or ordinances.” Burdinie v. Village of Glendale Heights, 139 Ill. 2d 501, 507-08 (1990) (citing Ill.

2016For instance, our supreme court has observed that section 2-103 codifies (at least in part) the common-law public-duty rule, namely, that “municipalities are not liable in tort to members of the general public for failure to enforce local laws or ordinances.” Burdinie v. Village of Glendale Heights, 139 Ill. 2d 501, 507-08 (1990) (citing Ill.

22
Doe-3 v. McLean County Unit District No. 5 Board of Directorsgreen
ill · 2012 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016Because of this distinction between duties and immunities, “neither this court’s decision in Molitor abolishing sovereign immunity, the General Assembly’s passage of the Tort Immunity Act, nor the ratification of the 1970 Illinois Constitution altered the common-law public duty rule that a governmental entity generally owes no duty to provide an individual citizen with specific municipal services.” Zimmerman, 183 Ill. 2d at 45 . ¶ 47 Plaintiff also argues, alternatively, that Doe-3 v. McLean County Unit District No. 5 Board of Directors, 2012 IL 112479 , should be read to nullify the public du

2016Because of this distinction between duties and immunities, “neither this court’s decision in Molitor abolishing sovereign immunity, the General Assembly’s passage of the Tort Immunity Act, nor the ratification of the 1970 Illinois Constitution altered the common-law public duty rule that a governmental entity generally owes no duty to provide an individual citizen with specific municipal services.” Zimmerman, 183 Ill. 2d at 45 . ¶ 47 Plaintiff also argues, alternatively, that Doe-3 v. McLean County Unit District No. 5 Board of Directors, 2012 IL 112479 , should be read to nullify the public du

22
Doe v. Calumet Citygreen
ill · 1994 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011See Calloway v. Kinkelaar, 168 Ill. 2d 312, 326-27 (1995); Doe v. Calumet City, 161 Ill. 2d 374, 385-86 (1994).

2011See Calloway v. Kinkelaar, 168 Ill. 2d 312, 326-27 (1995); Doe v. Calumet City, 161 Ill. 2d 374, 385-86 (1994).

22
Calloway v. Kinkelaargreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011See Calloway v. Kinkelaar, 168 Ill. 2d 312, 326-27 (1995); Doe v. Calumet City, 161 Ill. 2d 374, 385-86 (1994).

2011See Calloway v. Kinkelaar, 168 Ill. 2d 312, 326-27 (1995); Doe v. Calumet City, 161 Ill. 2d 374, 385-86 (1994).

22
Zimmerman v. Village of Skokiegreen
ill · 1998 · cited in 3 Illinois opinions naming this issue, 2015–2016
2 sentences

2016Because of this distinction between duties and immunities, “neither this court’s decision in Molitor abolishing sovereign immunity, the General Assembly’s passage of the Tort Immunity Act, nor the ratification of the 1970 Illinois Constitution altered the common-law public duty rule that a governmental entity generally owes no duty to provide an individual citizen with specific municipal services.” Zimmerman, 183 Ill. 2d at 45 . ¶ 47 Plaintiff also argues, alternatively, that Doe-3 v. McLean County Unit District No. 5 Board of Directors, 2012 IL 112479 , should be read to nullify the public du

2016Because of this distinction between duties and immunities, ‘neither this court’s decision in Molitor abolishing sovereign immunity, the General Assembly’s passage of the Tort Immunity Act, nor the ratification of the 1970 Illinois Constitution altered the common-law public duty rule that a governmental entity generally owes no duty to provide an individual citizen with specific municipal services.’ Zimmerman, 183 Ill. 2d at 45 .” Id. ¶ 46.

13
Huey v. the Town of Cicerogreen
ill · 1968 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015Huey v. Town of Cicero, 41 Ill. 2d 361, 363 (1968); Zimmerman v. Village of Skokie, 183 Ill. 2d 30, 32 (1998).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Coleman v. East Joliet Fire Protection District green
ill · 2016
2 sentences

2023App. 3d at 1020—both of which dealt with the now-defunct special duty exception to the common-law public duty rule. ¶ 47 The public duty rule, which provided that local governmental entities and their employees owed no duty of care to individual members of the general public to provide governmental services, and the “special duty” exception to this rule were both abolished by our supreme court in Coleman, 2016 IL 117952, ¶ 61 .

2020OPINION ¶1 The primary issue we are asked to address is whether our decision in Coleman v. East Joliet Fire Protection District, 2016 IL 117952 , abolishing the common- law public duty rule, applies retroactively to this case.

32020–2023
Simpkins v. CSX Transportation green
ill · 2012
2 sentences

2016Because of this distinction between duties and immunities, “neither this court’s decision in Molitor abolishing sovereign immunity, the General Assembly’s passage of the Tort Immunity Act, nor the ratification of the 1970 Illinois Constitution altered the common-law public duty rule that a governmental entity generally owes no duty to provide an individual citizen with specific municipal services.” Zimmerman, 183 Ill. 2d at 45 . ¶ 47 Plaintiff also argues, alternatively, that Doe-3 v. McLean County Unit District No. 5 Board of Directors, 2012 IL 112479 , should be read to nullify the public du

2016Because of this distinction between duties and immunities, “neither this court’s decision in Molitor abolishing sovereign immunity, the General Assembly’s passage of the Tort Immunity Act, nor the ratification of the 1970 Illinois Constitution altered the common-law public duty rule that a governmental entity generally owes no duty to provide an individual citizen with specific municipal services.” Zimmerman, 183 Ill. 2d at 45 . ¶ 47 Plaintiff also argues, alternatively, that Doe-3 v. McLean County Unit District No. 5 Board of Directors, 2012 IL 112479 , should be read to nullify the public du

22016–2016

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (6) IL § 735 ILCS 5/2-619.1 (5) IL § 745 ILCS 10/1-101 (5) IL § 735 ILCS 5/2-619 (4) IL § 735 ILCS 5/2-1005 (3) IL § 745 ILCS 10/1-206 (3) IL § 745 ILCS 10/2-202 (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

IL 10 (2011–2023) MA 5 (1999–2025) OH 5 (2001–2007) WV 2 (1997–2024)

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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