Articles From Victoria R. Benson

Murray v. Chicago Youth Center: Restricting the immunity of the Local Government and Governmental Employees Tort Immunity Act By Russell W. Hartigan & 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.
Promissory estoppel: Shield or sword? By Russell W. Hartigan & Victoria R. Benson Civil Practice and Procedure, February 2006 According to the court’s majority in the Fifth District’s decision of DeWitt v. Fleming, promissory estoppel may be used as a defense but not as a cause of action.

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