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· 8/7/2003

Hanley v. City of Chicago

Citations

  • 795 N.E.2d 808
  • 343 Ill. App. 3d 49
  • 277 Ill. Dec. 140
  • 2003 Ill. App. LEXIS 1020

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • distinguishing that, if the repair of the pothole was done pursuant to a set procedure with no room for discretionary decisions, it was a ministerial act; but if the workers used their own judgment in performing the repair, it was a discretionary act
  • applying abuse-of- discretion review to the trial court’s decision to allow the defendant to raise an affirmative 18 No. 1-13-3049 defense for the first time in a motion for summary judgment
  • the discretionary immunity under section 2-201 immunizes against liability for both negligence and willful and wanton misconduct
  • repair of pothole in crosswalk was ministerial act for which a local government entity may be liable
  • to maintain property is to keep it in a state of repair, and a repair is generally considered a ministerial act for which a defendant may be liable if negligently performed

Source: CourtListener parenthetical corpus (CC0).

Judges: Karnezis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.