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· 10/3/2001

Hastings v. Exline

Citations

  • 760 N.E.2d 993
  • 326 Ill. App. 3d 172
  • 260 Ill. Dec. 220

How courts have described this case

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

  • clarifying that while we look to what the landowner could have reasonably anticipated, “analysis under the deliberate encounter doctrine must in- volve at least some focus on the actions and motivations of the entrant.”
  • clarifying that while we look to what the landowner could have reasonably anticipated, “analysis under the deliberate encounter doctrine must in- volve at least some focus on the actions and motivations of the entrant.”
  • determining that the deliberate-encounter exception did not apply where exiting the front door of a residence would have provided the plaintiff with a “reasonable alternative[ ]” to exiting the back door and encountering a known dangerous condition
  • noting the “tension” between the deliberate encounter exception and the assumption of risk doctrine as explained by Smithers and stating that the fireman’s rule may well present a “specialized case”
  • noting the “tension” between the deliberate encounter exception and the assumption or risk doctrine as explained by Smithers and stating that the fireman’s rule may well present a “specialized case”
  • “The only Illinois case we have located discussing the assumption-of-risk doctrine as it relates to the deliberate encounter exception is Smithers ***”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cook

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.