ZIMMERMAN v. VILLAGE OF SKOKIE

No. 82893.

697 N.E.2d 699 (1998)

183 Ill.2d 30

231 Ill.Dec. 914

Irving R. ZIMMERMAN, as Guardian for Scott E. ZIMMERMAN, a Disabled Person, Appellee, v. The VILLAGE OF SKOKIE et al., Appellants.

Supreme Court of Illinois.

June 18, 1998.


Attorney(s) appearing for the Case

Hinshaw & Culbertson, Chicago (Steven M. Puiszis and Bruce L. Carmen, of counsel), for Village of Skokie.

Gary P. Hollander, Potratz & Hollander, P.C., Chicago, for Irving R. Zimmerman.

Patricia T. Bergeson, Acting Corp. Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon, Timothy W. Joranko, of counsel), amicus curiae for City of Chicago.

David Lincoln Ader, Jeffrey D. Greenspan, Ancel, Glink, Diamond, Cope & Bush, Chicago, amicus curiae for South Towns Risk Management, Municipal (Self) Ins. Co-op. Agency, High-Level Excess Liability Pool, South Suburban Mayors and Managers Ass'n.

Jeffrey Edward Kehl, Dowd & Dowd, Chicago, amicus curiae for Illinois Governmental Ass'n of Pools, Illinois Ass'n of School Bds., Illinois Park and Recreation Ass'n.

Beth Anne Janicki, Illinois Mun. League, Springfield, amicus curiae for Illinois Mun. League, DuPage Mayors and Managers Conference, Northwest Mun. Conference.

Lawrence Ruder, Ruder & Associates, Chicago, for other interested parties.


Justice McMORROW delivered the opinion of the court:

The "special duty" doctrine was first recognized by this court in Huey v. Town of Cicero, 41 Ill.2d 361, 243 N.E.2d 214 (1968), as an exception to the common law "public duty" rule. The public duty rule is a long-standing precept which establishes that a governmental entity and its employees owe no duty of care to individual members...

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