Plaintiffs filed suit for property damage to their homes resulting from storm water flooding. Plaintiffs allege that Defendant hospital corporation, which operates a hospital adjacent to Plaintiffs' neighborhood, constructed its hospital that caused hospital's storm water drainage system to discharge onto Plaintiffs' properties and caused flooding; and that various local public entities breached various duties to plaintiffs as to the drainage system. Court erred in applying Illinois Supreme Court's 2016 decision in Coleman v. East Joliet (which abolished the public duty rule) prospectively and thus erroneously granted Section 2-615 motion to dismiss on the basis of the public duty rule. Court properly dismissed counts based on violations of Tort Immunity Act and for adjacent property owner liability for failure to state a cause of action. Counts based on negligent nuisance, negligent trespass, and the takings clause were sufficient to withstand dismissal under Section 2-615. (McBRIDE and REYES, concurring.)
Illinois Appellate Court
Civil Court
Municipalities