OPINION JUSTICE GARMAN delivered the judgment of the court, with opinion. 1 Plaintiffs, Jane Doe and her parents, brought suit against two individuals and several entities including and affiliated with the United Church of Christ (UCC) after Jane was sexually assaulted by a youth pastor. Relevant to this appeal, plaintiffs alleged that the First Congregational Church of Dundee (FCCD) and its pastor, Aaron James, negligently and willfully and wantonly hired, supervised, and retained...
OPINION JUSTICE , THOMAS delivered the judgment of the court. 1 This is a direct appeal from a judgment of the circuit court of Cook County finding section 25(b)(2) of the Drug Dealer Liability Act (Act) (740 ILCS 57/25(b)(2) (West 2016)) facially unconstitutional. 2 BACKGROUND 3 Drug Dealer Liability Act 4 We begin with an overview of the Act. Effective in 1996 (see Pub. Act 89-293 (eff. Jan. 1, 1996)), the Act mirrors the Model Drug Dealer Liability Act that was provided to...
OPINION JUSTICE THOMAS delivered the judgment of the court, with opinion. 1 To facilitate the construction of a high-voltage transmission line, Ameren Transmission Company of Illinois (ATXI) filed eminent domain complaints against several landowners located in Edgar County, Illinois (Landowners). The Landowners filed a traverse and motion to dismiss, and the circuit court dismissed every complaint on the grounds that section 8-406.1 of the Public Utilities Act (220 ILCS 5/8-406.1 (West...
OPINION JUSTICE BURKE delivered the judgment of the court, with opinion. 1 At issue in this appeal is whether sections 2-109 and 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/2-109, 2-201 (West 2012)), apply to a city's failure to repair a sidewalk defect. The plaintiff in this case filed suit against the City of Danville (City) to recover for her injuries from tripping and falling on an uneven seam in a sidewalk. The City moved for...
OPINION JUSTICE NEVILLE delivered the judgment of the court, with opinion. 1 Section 15-86 of the Property Tax Code (35 ILCS 200/15-86 (West 2012)) provides for a charitable property tax exemption specifically to eligible not-for-profit hospitals and their hospital affiliates (hereinafter hospitals). Plaintiff, Constance Oswald, filed an action in the circuit court of Cook County seeking a judgment declaring that section 15-86 of the Property Tax Code, on its face, violates section 6...
OPINION JUSTICE THOMAS delivered the judgment of the court, with opinion. 1 To facilitate the construction of a high-voltage transmission line, Ameren Transmission Company of Illinois (ATXI) filed eminent domain complaints against several landowners located in Edgar County, Illinois (Landowners). The Landowners filed a traverse and motion to dismiss, and the circuit court dismissed every complaint on the grounds that section 8-406.1 of the Public Utilities Act (220 ILCS 5/8-406.1 (West...
OPINION JUSTICE FREEMAN delivered the judgment of the court, with opinion. 1 David Bogenberger attended a pledge event at the Pi Kappa Alpha fraternity house at Northern Illinois University, where an evening of vodka-laden hazing ensued. By the end of the night, his blood alcohol level would reach more than five times the legal limit. David lost consciousness and died during the night. 2 At issue here is whether plaintiff's complaint alleged a cause of action for negligence against...
OPINION JUSTICE FREEMAN delivered the judgment of the court, with opinion. 1 David Bogenberger attended a pledge event at the Pi Kappa Alpha fraternity house at Northern Illinois University, where an evening of vodka-laden hazing ensued. By the end of the night, his blood alcohol level would reach more than five times the legal limit. David lost consciousness and died during the night. 2 At issue here is whether plaintiff's complaint alleged a cause of action for negligence against...
OPINION JUSTICE THEIS delivered the judgment of the court, with opinion. 1 The circuit court of Cook County certified the following question pursuant to Illinois Supreme Court Rule 308 (eff. Feb. 26, 2010): "Can a hospital be held vicariously liable under the doctrine of apparent agency set forth in Gilbert v. Sycamore [ Municipal Hospital ], 156 Ill.2d 511 ([1993]), and its progeny for the acts of the employees of an unrelated, independent clinic that is not a party to the present...
OPINION JUSTICE THOMAS delivered the judgment of the court, with opinion. 1 On June 15, 2016, the circuit court of Cook County entered an order of adjudication of direct civil contempt against contemnor, Amy P. Campanelli, the Cook County public defender, and sanctioned Campanelli $250 per day until she purged herself of direct civil contempt or was otherwise discharged by due process of law. Campanelli filed a notice of appeal to the Appellate Court, First District. Campanelli also...
OPINION JUSTICE FREEMAN delivered the judgment of the court, with opinion. 1 In this case, we consider whether the relation back statute (735 ILCS 5/2-616(b) (West 2010)) applies to a wrongful death claim when the death occurs more than four years after the alleged act of negligence. Plaintiff, Sheri Lawler, filed an amended complaint alleging a wrongful death claim against defendants, numerous medical providers. Defendants sought to dismiss the claim as time-barred by the four-year...
OPINION JUSTICE GARMAN delivered the judgment of the court, with opinion. 1 On November 13, 2012, plaintiff-appellant Patricia Rozsavolgyi filed a charge of discrimination on the basis of disability with the Illinois Department of Human Rights against the city of Aurora (City). Rozsavolgyi had been employed by the City from 1992 until she was involuntarily discharged on or around July 13, 2012. On November 18, 2013, Rozsavolgyi received a letter informing her that the time limitation...
OPINION JUSTICE THOMAS delivered the judgment of the court, with opinion. 1 The issue in this case is whether a plaintiff bringing a cause of action for tortious interference with the right to possess a corpse must allege facts showing that such interference resulted from the defendant security company's wilful and wanton misconduct. For the reasons that follow, we hold that no such allegations are necessary and that recovery in such cases is permissible upon a showing of ordinary...
OPINION Justice BURKE delivered the judgment of the court, with opinion. 1 The plaintiff, Aspen American Insurance Company, filed a complaint in the circuit court of Cook County in which it alleged that the roof of a Michigan warehouse owned by the defendant, Interstate Warehousing, Inc., had collapsed, causing the destruction of goods owned by plaintiff's insured, Eastern Fish Company. Defendant, an Indiana corporation, moved to dismiss the complaint for lack of personal jurisdiction...
OPINION Justice THOMAS delivered the judgment of the court, with opinion. 1 Plaintiff, The Carle Foundation, filed a multicount action against numerous state and local taxing authorities to establish that four of its properties were exempt from real estate taxation during the assessment years 2004 through 2011. The circuit court of Champaign County granted plaintiff's motion for summary judgment on count II of the fourth amended complaint, which sought a declaration that plaintiff's...
OPINION JUSTICE THEIS delivered the judgment of the court, with opinion. 1 The circuit court of Cook County certified the following question pursuant to Illinois Supreme Court Rule 308 (eff. Feb. 26, 2010): "Can a hospital be held vicariously liable under the doctrine of apparent agency set forth in Gilbert v. Sycamore [ Municipal Hospital ], 156 Ill.2d 511 , 190 Ill.Dec. 758 , 622 N.E.2d 788 ([1993]), and its progeny for the acts of the employees of an unrelated, independent...
OPINION JUSTICE THOMAS delivered the judgment of the court, with opinion. 1 On June 15, 2016, the circuit court of Cook County entered an order of adjudication of direct civil contempt against contemnor, Amy P. Campanelli, the Cook County public defender, and sanctioned Campanelli $250 per day until she purged herself of direct civil contempt or was otherwise discharged by due process of law. Campanelli filed a notice of appeal to the Appellate Court, First District. Campanelli also...
OPINION JUSTICE FREEMAN delivered the judgment of the court, with opinion. 1 In this case, we consider whether the relation back statute (735 ILCS 5/2-616(b) (West 2010)) applies to a wrongful death claim when the death occurs more than four years after the alleged act of negligence. Plaintiff, Sheri Lawler, filed an amended complaint alleging a wrongful death claim against defendants, numerous medical providers. Defendants sought to dismiss the claim as time-barred by the four-year...
OPINION JUSTICE BURKE delivered the judgment of the court, with opinion. 1 The plaintiff, Aspen American Insurance Company, filed a complaint in the circuit court of Cook County in which it alleged that the roof of a Michigan warehouse owned by the defendant, Interstate Warehousing, Inc., had collapsed, causing the destruction of goods owned by plaintiff's insured, Eastern Fish Company. Defendant, an Indiana corporation, moved to dismiss the complaint for lack of personal jurisdiction...
OPINION JUSTICE THOMAS delivered the judgment of the court, with opinion. 1 The issue in this case is whether a plaintiff bringing a cause of action for tortious interference with the right to possess a corpse must allege facts showing that such interference resulted from the defendant security company's wilful and wanton misconduct. For the reasons that follow, we hold that no such allegations are necessary and that recovery in such cases is permissible upon a showing of ordinary...
