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· 5/27/1994

Stephen v. Swiatkowski

Citations

  • 635 N.E.2d 997
  • 263 Ill. App. 3d 694
  • 200 Ill. Dec. 658
  • 1994 Ill. App. LEXIS 819

How courts have described this case

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

  • holding a plaintiff can only recover for nonfeasance if he “can show that he reasonably relied on the defendant for protection”
  • holding a plaintiff can only recover for nonfeasance if he \can show that he reasonably relied on the defendant for protection\
  • affirming that protruding nail was open and obvious where plaintiff testified “that he would have seen the protruding nail if he had only looked down at it.”
  • stating that “where a duty of care is imposed by reason of a voluntary undertaking, breach of that duty can be found only where there is misfeasance rather than nonfeasance, unless plaintiff can show that he reasonably relied on the defendant for protection”
  • stating that “where a duty of care is imposed by reason of a voluntary undertaking, breach of that duty can be found only where there is misfeasance rather than nonfeasance, unless plaintiff can show that he reasonably relied on the defendant for protection”
  • “A licensee *** is ‘one who enters upon the premises of another by permission for his own purposes.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gordon

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.