74 Illinois opinions name it 3 courts 1883–2024 3 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 |
|---|---|---|
Alvis v. Ribargreen2 sentences2008Bachman was decided before Alvis v. Ribar, 85 Ill. 2d 1 , 421 N.E.2d 886 (1981), held that Illinois would apply comparative negligence instead of the common-law doctrine of contributory negligence. 2008Bachman was decided before Alvis v. Ribar, 85 Ill. 2d 1 , 421 N.E.2d 886 (1981), held that Illinois would apply comparative negligence instead of the common-law doctrine of contributory negligence. | 5 | 18 |
The People v. Dailygreen2 sentences2017App. 3d 58, 69 (1997) (quoting People v. Daily, 41 Ill. 2d 116, 121 (1968)). ¶ 36 Moreover, even if Mr. Adwent properly presented the issue, or we assumed that he requested the contributory negligence instruction and jury verdict form from the Illinois Pattern Jury Instructions, we would find there was no error. 2017App. 3d 58, 69 (1997) (quoting People v. Daily, 41 Ill. 2d 116, 121 (1968)). ¶ 36 Moreover, even if Mr. Adwent properly presented the issue, or we assumed that he requested the contributory negligence instruction and jury verdict form from the Illinois Pattern Jury Instructions, we would find there was no error. | 2 | 2 |
Clarkson v. Wrightgreen2 sentences2007See Clarkson v. Wright, 108 Ill.2d 129, 132 , 90 Ill.Dec. 950 , 483 N.E.2d 268 (1985), quoting Prosser, Torts ง 65, at 422-23 (4th ed. 1971) ("`Closely allied to the doctrine of contributory negligence is the rule of "avoidable consequences," which denies recovery for any damages which could have been avoided by reasonable conduct on the part of the plaintiff. 2007See Clarkson v. Wright, 108 Ill. 2d 129, 132 (1985), quoting Prosser, Torts §65, at 422-23 (4th ed. 1971) (" 'Closely allied to the doctrine of contributory negligence is the rule of ‘avoidable consequences,’ which denies recovery for any damages which could have been avoided by reasonable conduct on the part of the plaintiff. | 2 | 2 |
Nimetz v. Cappadonagreen2 sentences2006Defendants argue that, under -15- 1-04-3217 the "two issue" rule (Nimetz v. Cappadona, 596 A.2d 603, 607 (D.C. 1991)), plaintiffs waived this issue because plaintiffs did not request a special interrogatory that would have clarified the basis for the verdict in the survival action. 2006Defendants argue that, under the “two issue” rule (Nimetz v. Cappadona, 596 A.2d 603, 607 (D.C. 1991)), plaintiffs waived this issue because plaintiffs did not request a special interrogatory that would have clarified the basis for the verdict in the survival action. | 2 | 2 |
Knisely v. Community Traction Co.green2 sentences2006Knisely v. Community Traction Co., 125 Ohio St. 131, 137 , 180 N.E. 654, 656 (1932). 2006Knisely v. Community Traction Co., 125 Ohio St. 131, 137 , 180 N.E. 654, 656 (1932). | 2 | 2 |
Hollis v. R. Latoria Construction, Inc.green2 sentences2012Latoria Construction, Inc., 108 Ill.2d 401, 412 , 92 Ill.Dec. 449 , 485 N.E.2d 4 (1985) (Ryan, J., dissenting) ("if the plaintiff's conduct is the sole proximate cause of the injury * * *, the defendant is not liable"). ¶ 28 In any event, Hobart does not stand for the proposition that the public policy recognized by our supreme court compels a contributory negligence instruction in every case involving the suicide of a mentally ill patient. 2012Latoria Construction, Inc., 108 Ill.2d 401, 412 , 92 Ill.Dec. 449 , 485 N.E.2d 4 (1985) (Ryan, J., dissenting) ("if the plaintiff's conduct is the sole proximate cause of the injury * * *, the defendant is not liable"). ¶ 28 In any event, Hobart does not stand for the proposition that the public policy recognized by our supreme court compels a contributory negligence instruction in every case involving the suicide of a mentally ill patient. | 1 | 2 |
McCarthy v. Kunickigreen2 sentences2006Defendant next argues that the trial court erred by refusing to give a contributory-negligence instruction offered by defendant. *288 "Contributory negligence is defined as a lack of due care for one's own safety as measured by an objective reasonable[-]person standard. [Citation.] The test of such negligence is not the frequency with which the act has been safely completed by others, but whether plaintiff, at the time of the occurrence, used that degree of care which an ordinarily careful person would have used for his or her own safety under like circumstances. [Citation.] Ordinarily, it is 2006“Contributory negligence is defined as a lack of due care for one’s own safety as measured by an objective reasonable[-]person standard. [Citation.] The test of such negligence is not the frequency with which the act has been safely completed by others, but whether plaintiff, at the time of the occurrence, used that degree of care which an ordinarily careful person would have used for his or her own safety under like circumstances. [Citation.] Ordinarily, it is the jury’s responsibility to consider whether plaintiff’s actions amounted to contributory negligence [citation]; the question of cont | 1 | 2 |
Mensinger v. O'Haragreen1 sentence2013In this case, there was no evidence warranting the submission of a contributory negligence instruction to the jury. ¶ 25 Defendant hospital cites the case of Mesinger v. O’Hara, 189 Ill. | 1 | 1 |
Pfaff v. Chrysler Corp.green1 sentence2009See Pfaff v. Chrysler Corp., 155 Ill. 2d 35, 61 , 668 N.E.2d 51 (1992) (“where an amendment is complete in itself and does not refer to or adopt the prior pleading, the earlier pleading ceases to be part of the record for most purposes, being in effect abandoned and withdrawn”). | 1 | 1 |
Tabe v. Ausmangreen1 sentence2009See Tabe, 388 Ill. | 1 | 1 |
People v. Reedgreen1 sentence2009See Pfaff v. Chrysler Corp., 155 Ill. 2d 35, 61 , 668 N.E.2d 51 (1992) (“where an amendment is complete in itself and does not refer to or adopt the prior pleading, the earlier pleading ceases to be part of the record for most purposes, being in effect abandoned and withdrawn”). | 1 | 1 |
Jones v. Rallosgreen1 sentence2009See Jones v. Rallos, 384 Ill. | 1 | 1 |
McFarlane v. City of Niagara Fallsgreen2 sentences1998Restatement (Second) of Torts § 840B(1), Comment d (1979); Annotation, Contributory negligence or assumption of risk as defense to action for damages from nuisance — modern views, 73 A.L.R.2d 1378 , 1387 (1960) (section 4, collecting cases); Young, 382 Mich, at 463 , 169 N.W2d at 922; McFarlane v. City of Niagara Falls, 247 N.Y. 340, 347 , 160 N.E. 391, 393 (1928); 66 C.J.S. 1998Restatement (Second) of Torts § 840B(1), Comment d (1979); Annotation, Contributory negligence or assumption of risk as defense to action for damages from nuisance — modern views, 73 A.L.R.2d 1378 , 1387 (1960) (section 4, collecting cases); Young, 382 Mich, at 463 , 169 N.W2d at 922; McFarlane v. City of Niagara Falls, 247 N.Y. 340, 347 , 160 N.E. 391, 393 (1928); 66 C.J.S. | 1 | 1 |
Young v. Groenendalgreen2 sentences1998Young v. Groenendal, 382 Mich. 456, 462 , 169 N.W.2d 920, 922 (1969). 1998Young v. Groenendal, 382 Mich. 456, 462 , 169 N.W.2d 920, 922 (1969). | 1 | 1 |
Menolascino v. Superior Felt & Bedding Co.green2 sentences1998Nuisances § 13 (1957) (contributory negligence is "ordinarily" not a defense in a nuisance action); Menolascino, 313 Ill.App. at 566-67 , 40 N.E.2d at 817 (relying on a "general rule" against a contributory negligence defense). 1998App. at 566-67 , 40 N.E.2d at 817 (relying on a “general rule” against a contributory negligence defense). | 1 | 1 |
| McEniry v. Tri-City Railway Co.green | 1 | 1 |
| Belmar Drive-In Theatre Co. v. Illinois State Toll Highway Commissiongreen | 1 | 1 |
| Mock v. Sears, Roebuck & Co.green | 1 | 1 |
| Haeg v. Sprague, Warner Co. Inc.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Maki v. Frelk
green
2 sentences1975The contributory negligence rule was carefully reconsidered and reaffirmed by the Illinois Supreme Court in Maki v. Frelk (1968) 40 Ill. 2d 193 . 1975The contributory negligence rule has often been criticized as producing harsh results, but in Maki v. Frelk, 40 Ill.2d 193 , the Illinois Supreme Court reaffirmed the doctrine, and we are bound to apply it here. | 6 | 1973–1975 |
Miller v. Pinnacle Door Co., Inc.
green
2 sentences2021Miller, 301 Ill. 2021Miller, 301 Ill. | 2 | 2021–2021 |
Todd A. Mulhern, Individually and as Representative of the Estate of Elizabeth M. Von Linden v. Catholic Health Initiatives A/K/A Catholic Health Initiatives Iowa Corp. D/B/A Mercy Franklin Center and/or Mercy Hospital and/or Mercy Psychiatric Services
green
2 sentences2012Mulhern, 799 N.W.2d 104 . 2012Mulhern, 799 N.W.2d 104 . | 2 | 2012–2012 |
Junker v. Ziegler
green
2 sentences2012The plaintiff contends the contributory negligence instruction served to taint the jury's determination of damages, without citation to the record, and without explaining, in an "identifiable manner," how the jury's determination of damages was tainted. [3] ¶ 43 The defendant, on the other hand, cites Junker v. Ziegler, 113 Ill.2d 332 , 101 Ill.Dec. 627 , 498 N.E.2d 1135 (1986), for its contention that the appropriate remedy for the jury being erroneously instructed on contributory negligence is to reinstate the original damages award, rather than grant a new trial on damages only. 2012The plaintiff contends the contributory negligence instruction served to taint the jury's determination of damages, without citation to the record, and without explaining, in an "identifiable manner," how the jury's determination of damages was tainted. [3] ¶ 43 The defendant, on the other hand, cites Junker v. Ziegler, 113 Ill.2d 332 , 101 Ill.Dec. 627 , 498 N.E.2d 1135 (1986), for its contention that the appropriate remedy for the jury being erroneously instructed on contributory negligence is to reinstate the original damages award, rather than grant a new trial on damages only. | 2 | 2012–2012 |
Orzel v. Szewczyk
green
2 sentences2010Based on the general verdict returned, we cannot say the contributory negligence instruction made a difference in this case. [Citation.]" Orzel, 391 Ill.App.3d at 290 , 330 Ill.Dec. 381 , 908 N.E.2d 569 . 2010Based on the general verdict returned, we cannot say the contributory negligence instruction made a difference in this case. [Citation.]” Orzel, 391 Ill. | 2 | 2010–2010 |
Cereal Byproducts Co. v. Hall
green
2 sentences2003Cereal Byproducts, 8 Ill. 2003Cereal Byproducts, 8 Ill.App.2d at 336 , 132 N.E.2d 27 . | 2 | 2003–2003 |
Carlisle v. Harp
green
2 sentences1998App. 3d 908 , 558 N.E.2d 318 (1990), a fifth district case, stands for an absolute rule that denial of proximate cause can never give the plaintiff notice of a contributory negligence defense, we decline to follow this case here. 1998It is difficult to see how the parties would not foresee this defense on the facts presented. *632 To the extent that Carlisle v. Harp, 200 Ill.App.3d 908 , 146 Ill.Dec. 355 , 558 N.E.2d 318 (1990), a fifth district case, stands for an absolute rule that denial of proximate cause can never give the plaintiff notice of a contributory negligence defense, we decline to follow this case here. | 2 | 1998–1998 |
Hobart v. Shin
green
2 sentences1998Plaintiff counters that the appellate court was correct in holding that “contributoiy negligence in a suicide malpractice case *** is inappropriate and irrelevant.” 292 Ill. 1998Plaintiff counters that the appellate court was correct in holding that "contributory negligence in a suicide malpractice case * * * is inappropriate and irrelevant." 292 Ill.App.3d at 588 , 226 Ill.Dec. 834 , 686 N.E.2d 617 . | 2 | 1998–1998 |
Skinner v. Reed-Prentice Division Package MacHinery Co.
green
2 sentences1981It would seem only fair and equitable to apply this judge-made law prospectively to causes of action arising after the issuance of the mandate in this case, June 8, 1981, as this court did in Skinner v. Reed-Prentice Division Package Machinery Co. (1977), 70 Ill.2d 1 , Stevens v. Silver Manufacturing Co. (1977), 70 Ill.2d 41 , Robinson v. International Harvester Co. (1977), 70 Ill.2d 47 , Renslow v. Mennonite Hospital (1977), 67 Ill.2d 348 , and Molitor v. Kaneland Community Unit District No. 302 (1959), 18 Ill.2d 11 . 1981It would seem only fair and equitable to apply this judge-made law prospectively to causes of action arising after the issuance of the mandate in this case, June 8, 1981, as this court did in Skinner v. Reed-Prentice Division Package Machinery Co. (1977), 70 Ill. 2d 1 , Stevens v. Silver Manufacturing Co. (1977), 70 Ill. 2d 41 , Robinson v. International Harvester Co. (1977), 70 Ill. 2d 47 , Renslow v. Mennonite Hospital (1977), 67 Ill. 2d 348 , and Molitor v. Kaneland Community Unit District No. 302 (1959), 18 Ill. 2d 11 . | 2 | 1978–1981 |
Maki v. Frelk
green
2 sentences1974This 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 |
Martin v. City of Chicago
green
1 sentence2024This, together with the report of the trial proceedings, is sufficient for our examination of the issue. ¶ 24 The trial court had the discretion to decide what issues were raised by the evidence (Martin, 2023 IL App (1st) 221116, ¶ 18 ), and it found no evidence of contributory negligence. | 1 | 2024–2024 |
Department of Law Enforcement v. Willis
green
1 sentence2014Willis, 61 Ill. | 1 | 2014–2014 |
Strino v. Premier Healthcare Associates
green
1 sentence2009As the Strino court explained: “Because neither party submitted special interrogatories, we cannot determine from the general verdict whether any error in the contributory negligence instruction affected the verdict.” Strino, 365 Ill. | 1 | 2009–2009 |
Turner v. Thompson
green
2 sentences1998See Belmar, 34 Ill.2d at 548 , 216 N.E.2d at 791 ; Turner, 102 Ill.App.3d at 842 , 58 Ill.Dec. 215 , 430 N.E.2d at 161 , citing 66 C.J.S. 1998See Belmar, 34 Ill. 2d at 548 , 216 N.E.2d at 791 ; Turner, 102 Ill. | 1 | 1998–1998 |
| Pfau v. Reynolds green | 1 | 1998–1998 |
David M. Swain & Son v. Chicago, Burlington & Quincy Railroad
neutral
2 sentences1998See McEniry, 254 Ill. at 100 , 98 N.E. at 227 ; Swain, 252 Ill. at 623-24 , 97 *1010 N.E. at 247-48; Pfau, 53 Ill. at 213 ; 4 F. Harper, F. James & O. 1998See McEniry, 254 Ill. at 100 , 98 N.E. at 227 ; Swain, 252 Ill. at 623-24 , 97 N.E. at 247-48; Pfau, 53 Ill. at 213 ; 4 F. Harper, F. James & O. | 1 | 1998–1998 |
| Pruett v. Norfolk & Western Railway Co. green | 1 | 1995–1995 |
| Wayne T. Wilson v. Burlington Northern, Inc., a Corporation green | 1 | 1993–1993 |
| Norman D. Gish v. Csx Transportation, Inc. F/k/a Seaboard System Railroad, Inc. green | 1 | 1992–1992 |
| Michalak v. County of La Salle green | 1 | 1991–1991 |
| Nelson v. Araiza green | 1 | 1987–1987 |
| Urman v. Walter green | 1 | 1985–1985 |
| Marcin v. Kipfer green | 1 | 1985–1985 |
| Kokinis v. Kotrich green | 1 | 1985–1985 |
| Coney v. J. L. G. Industries, Inc. green | 1 | 1984–1984 |
| Fore v. Vermeer Manufacturing Co. green | 1 | 1982–1982 |
| Court v. Grzelinski green | 1 | 1982–1982 |
| Molitor v. Kaneland Community Unit District No. 302 green | 1 | 1981–1981 |
| Nga Li v. Yellow Cab Co. green | 1 | 1981–1981 |
| Placek v. City of Sterling Heights green | 1 | 1981–1981 |
| Nudd v. Matsoukas green | 1 | 1981–1981 |
| United States v. Reliable Transfer Co. green | 1 | 1981–1981 |
| Scott v. Rizzo red | 1 | 1981–1981 |
| Renslow v. Mennonite Hospital green | 1 | 1981–1981 |
| Hoffman v. Jones green | 1 | 1981–1981 |
| Kaatz v. State green | 1 | 1981–1981 |
| Stevens v. Silver Manufacturing Co. green | 1 | 1981–1981 |
| Robinson v. International Harvester Co. green | 1 | 1981–1981 |
| Williams v. Brown Manufacturing Co. green | 1 | 1980–1980 |
| Swenson v. City of Rockford green | 1 | 1980–1980 |
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.