Publications

Section Newsletter Articles on Tort Immunity Act

Abruzzo v. City of Park Ridge: Supreme Court to the rescue! By Stephen I. Lane Civil Practice and Procedure, April 2009 Since the Tort Immunity Act was passed in the mid-1960s, governmental agencies have, in many ways, enjoyed a collective lack of accountability for injuries caused by their agents and employees.
Tort Immunity Act is no protection against claim of retaliatory discharge for pursuing workers’ compensation claim By Karen D. Fox Labor and Employment Law, June 2008 On April 17, 2008, in Smith v. Waukegan Park District, 2008 WL 1746664, the Illinois Supreme Court held that the Tort Immunity Act did not protect a public entity against a claim by an employee of retaliatory discharge for pursuing his workers’ compensation benefits.
Murray v. Chicago Youth Center: Restricting the immunity of the Local Government and Governmental Employees Tort Immunity Act By Russell W. Hartigan and Victoria R. Benson Local Government Law, August 2007 In July 2006, Justice McMorrow upheld the lower courts’ decisions to grant summary judgment to the Chicago Board of Education, Chicago Youth Center and its instructor under the Local Governmental and Governmental Employees Tort Immunity Act (hereinafter “the Act”) (745 ILCS 10/1-101 et seq.) in Ryan Murray, et al. v. Chicago Youth Center, et al., 2006 WL 1822656. At issue is whether the general grant of immunity allowed under the Act, such as that found in §§ 2-201 and 3-108(a), were subject to the exceptions found in § 3-109 of the Act. According to Justice McMorrow’s opinion, it does; however, the Illinois Supreme Court opined that the conduct at issue did not constitute willful and wanton conduct and, as a result, upheld the First District’s decision to uphold the District Court’s award of summary judgment to the Defendants.