Subject Index Tort Law

On April 20, 2026, the Third District of the Illinois Appellate Court held that a trial court erred in dismissing all negligence claims arising from a student’s injuries from falling from an inflatable slide because some claims were not based on a failure to supervise. Samantha Allumi sued on behalf of her son, Chase, after he fractured his arm during a field-day race on an inflatable slide at Southbury Elementary School.

On Dec. 26, 2025, the First District of the Illinois Appellate Court affirmed dismissal of a patient’s tort and contract claims tied to a frozen-embryo dispute, holding that an in vitro fertilization consent form did not guarantee the clinic would prevent later custody litigation or avoid delay.

On Aug. 15, 2025, the First District of the Illinois Appellate Court held that the Federal Aviation Administration Authorization Act (FAAA) preempts state negligence claims against a trucking broker for negligent selection, but such claims are protected by the safety exception.

On Aug. 19, 2025, the First District of the Illinois Appellate Court held that the circuit court did not abuse its discretion in finding multiple violations of motions in limine and improper closing arguments as sufficient prejudice to warrant a new trial.

On May 22, 2025, the Illinois Supreme Court held that Illinois does not recognize the common-law tort of interference with a parent’s custodial rights.

On Feb. 18, 2025, the First District of the Illinois Appellate Court held that section 2-14 of the Amusement Ride and Attraction Safety Act does not invalidate gym liability waivers.

On Feb. 5, 2025, the Second District of the Illinois Appellate Court held there is no mutual mistake for a written release when the parties are unaware of the plaintiff’s injuries at signing.

On Dec. 31, 2024, the Third District of the Illinois Appellate Court held that conversion claims are limited to tangible items.

On Oct. 8, 2024, the First District of the Illinois Appellate Court held that a court may not grant summary judgment if there is a genuine issue of material fact.

On June 4, 2024, the Fourth District of the Illinois Appellate Court held there is no personal jurisdiction if an entity’s sole contact with Illinois is that a third party sells the entity’s products there.

On May 30, 2024, the Second District of the Illinois Appellate Court held that school districts are immune from tort claims but not breach-of-settlement claims.

On April 9, 2024, the Second District of the Illinois Appellate Court held businesses have a duty to protect invitees from the foreseeable negligent acts of third parties.

On Jan. 25, 2024, the First District of the Illinois Appellate Court held that a genuine issue of material fact exists as to apparent agency when a hospital patient does not know their physician is an independent contractor.

On Nov. 1, 2023, the Third District of the Illinois Appellate Court held that the Local Governmental and Governmental Employees Tort Immunity Act provides absolute immunity for the failure to provide adequate police protection.

On July 14, 2023, the Fourth District of the Illinois Appellate Court held that a statute allowing for prejudgment interest does not violate the Illinois Constitution.

On March 23, 2023, the Third District of the Illinois Appellate Court held that a dissolved corporation not originally named as a defendant in a lawsuit is not precluded from being added after the five-year postdissolution period expires, under section 12.80 of the Business Corporation Act of 1983 (Act).

On Jan. 10, 2023, the Second District of the Illinois Appellate Court held that refusal to allow a bar to amend an answer to include an affirmative defense constituted an abuse of discretion.

On Oct. 28, 2022, the First District of the Illinois Appellate Court reversed a grant of summary judgment where the court found disputed issues as to a police officer’s entitlement of civil immunity under the Local Governmental and Governmental Employees Tort Immunity Act (“Act”).

On Sept. 7, 2022, the First District of the Illinois Appellate Court held that owners of a rooming house did not owe a duty of care to a renter who was attacked by a fellow renter in a shared area of the rooming house.

On Sept. 22, 2022, the Illinois Supreme Court held that the Chicago Transit Authority (CTA) did not owe a duty of care to a trespasser struck by one of its trains.

On July 15, 2022, the Fourth District of the Illinois Appellate Court held that the open-and-obvious doctrine only applies when a condition on the land causes a plaintiff’s injury.

On June 16, 2022, the First District of the Illinois Appellate Court held that the Village of Lincolnwood owed no duty of care to bicyclists on residential streets under the Tort Immunity Act.

On May 19, the Illinois Supreme Court affirmed the Illinois Appellate Court’s decision imposing a legal duty on a fitness center to use an automated external defibrillator (AED) on patrons suffering a cardiac event.

On April 21, the Illinois Supreme Court held that police officers and their municipal employers did not have immunity under the Local Governmental and Governmental Employees Tort Immunity Act because the individual chased by the officer was not an escaped or escaping prisoner.