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Case Law Update: Building the Right Case in Against Tort Immunity

The 1st District, in Anthony v. The City of Chicago, No. 1-05-1954 (May 16, 2008) 5th div. (OMARA FROSSARD), certified questions answered. The Court held that the plaintiffs complaint, against City alleging failure to enforce building code and court order against building owners, who had been found in violation for failure to provide adequate exits, is barred by absolute immunity provisions contained in Section 2-103 of Tort Immunity Act.

Further, the willful and wanton exception in Section 2-102 does not apply to absolute immunity of Section 4-102 with regards to behavior of police officers at scene of disturbance; because plaintiffs have not named any individual employees of City as defendants; and plaintiffs have not alleged sufficient facts to show that City exercised requisite degree of control over premises.

For lawyers, this means that special care should be paid when bringing a personal injury lawsuit against a state or local government in case tort immunity statutes apply.