· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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