last two factors (Illinois) · Go Syfert
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last two factors in Illinois

8 Illinois opinions name it 1 courts 1982–2022 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.

Followed or applied (2)

CaseFollowedCited
Krywin v. Chicago Transit Authoritygreen
ill · 2010 · cited in 2 Illinois opinions naming this issue, 2021–2022
2 sentences

2022In weighing these factors, “[w]e may take judicial notice of the magnitude of the CTA’s operations.” Krywin v. Chicago Transit Authority, 238 Ill. 2d 215, 234 (2010).

2021In - 14 - No. 1-20-0895 weighing these factors, “[w]e may take judicial notice of the magnitude of the CTA’s operations.” Krywin v. Chicago Transit Authority, 238 Ill. 2d 215, 234-35 (2010).

22
People v. Jenningsgreen
illappct · 1998 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019See People v. Jennings, 296 Ill.

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 (5)

CaseCitedYears
People v. Willis green
illappct · 2003
2 sentences

2004Willis, 344 Ill.

2004Willis, 344 Ill.

22004–2004
Bujnowski v. Birchland, Inc. green
illappct · 2015
2 sentences

2021Bujnowski, 2015 IL App (2d) 140578, ¶ 55 .

2021In other words, where a condition is open and obvious and no exception applies, the first two factors of the four-factor test for the existence of a legal duty (the reasonable foreseeability of the injury and the likelihood of the injury) establish the absence of a duty, and the last two factors (the - 19 - 2021 IL App (2d) 200660-U magnitude of the burden of guarding against the injury and the consequences of placing that burden on the defendant), “ ‘however strongly they militated in favor of a duty, cannot outweigh the first two factors.’ ” (Emphasis in original.) Id. ¶ 18 (quoting Bujnowsk

12021–2021
Sollami v. Eaton green
ill · 2002
1 sentence

2015Id. at 17 . ¶ 33 The court quickly disposed of the last two factors.

12015–2015
Blue v. Environmental Engineering, Inc. green
ill · 2005
1 sentence

2015This rule seems to excuse both the failure to warn and the failure to take precautions in relation to the condition on the land, as long as the danger was open and obvious to the plaintiff.” (Emphasis added.) Blue, 215 Ill. 2d at 106 . ¶ 39 This passage all but read section 343A to bar any duty whenever the risk is open and obvious and no exception applies–regardless of the import of the last two factors of the traditional four-factor test.

12015–2015
People v. Mendoza green
illappct · 1978
1 sentence

1982App. 3d 609 , 616 — 17, 378 N.E.2d 1318 , “any discrepancies or inaccuracies or omissions as to facial hair *** or some other facial characteristic *** or some other physical characteristic such as height or weight *** are not fatal *** but simply go to the weight of the identification testimony and are to be evaluated by the trier of fact.” The last two factors enunciated in Biggers are the level of certainty demonstrated by the witness at the confrontation and the length of time between the crime and the confrontation.

11982–1982

Where else courts name it

TX 26 (1994–2024) MN 19 (1986–2019) NH 10 (1982–2020) IL 8 (1982–2022) CA 6 (1967–2026) AZ 5 (1985–1999) PA 5 (1989–2021) DC 4 (2004–2014) CT 3 (2009–2016) NY 3 (1971–2005) OR 2 (2012–2016) RI 2 (2018–2022) MO 2 (2000–2020) NM 2 (2020–2021) UT 2 (2010–2026) OH 2 (2003–2019) NE 2 (2017–2022)

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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