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Case Law Update: Duty in Negligence Cases

Strickland v. Kotecki, No. 3-07-0831 (7/21/09) regarded plaintiffs filing suit for injuries sustained when husband jumped over a fence to prevent Defendant from committing suicide. Plaintiff sufficiently alleged a duty and other requisite elements of negligence and thus trial court erred in dismissing complaint. Trial court was within its discretion in dismissing Plaintiff’s action against Defendant’s wife, who had asked Plaintiff husband to assist her husband, existence of duty not adequately alleged. This Illinois duty case will affect personal injury cases in the future.