Plaintiff, an apprentice elevator serviceman and his spouse, filed personal injury action against City and elevator inspector employed by City’s Bureau of Elevators, alleging that Plaintiff was injured as a result of inspector’s wrongful acts or failures to act in his role as inspector for suit. Court properly dismissed suit with prejudice on ground that it was barred by Tort Immunity Act. Plaintiff presented no evidentiary support to refute that inspection was done to determine whether elevators posed a safety hazard.Inspector died 14 months after suit was filed, but Plaintiff did not move to substitute an estate as a defendant or appoint a special administrator. Court made clear, in its oral ruling, that Tort Immunity Act also barred any possible claims against inspector. (HOFFMAN and CUNNINGHAM, concurring.)
Illinois Appellate Court
Civil Court
Tort Immunity Act