Illinois Supreme Court rules in favor of RR

BoxcabE50 · Oct 17, 2012

http://www.state.il.us/court/opinions/SupremeCourt/2012/112948.pdf

See especially section 45 and on.

Sorry the kid was hurt, but this is the correct response- Personal and parental responsibility.

GP30 · Oct 17, 2012

Interesting reading and I also agree with the ruling, Personal and parental responsibility.

Logtrain · Oct 17, 2012

I am sorry to hear the kid was hurt permanently for the rest of his life. However, I totally agree with the courts ruling. I hate it when I hear that some trespasser or someone that does some clownish act (ie the woman who sued McDonalds for burning herself with coffee) and ends up getting award a sum of $$$ for their own stupidity.

Ashley_SD45T-2 · Oct 17, 2012

See what happens when you play with Trains???? Another reason why boys are soooo stupid around girls.

How hard is it to understand NO TRESPASSING? Glad to hear the outcome of the jury.

r_i_straw · Oct 17, 2012

¶ 45 In sum, because plaintiff was a trespasser, defendants owed him
no duty of reasonable care, except to refrain from willfully and
wantonly injuring him, which plaintiff does not allege. Because
plaintiff was a child, Kahn and its progeny provide an exception to
the “no duty” rule, and would impose on defendants a duty of
reasonable care toward plaintiff, if its required elements were
satisfied. This determination of defendants’ duty is a question of law
for the court; the circuit and appellate courts committed reversible
error in viewing defendants’ duty to plaintiff as an issue of fact for the
jury to determine. We hold that this exception is not available to
plaintiff. It is always unfortunate when a child gets injured while
playing, but the responsibility for a child’s safety lies primarily with
his parents, whose duty it is to see that the child does not endanger
himself. Driscoll v. C. Rasmussen Corp., 35 Ill. 2d 74, 79 (1966).
Thus, as a matter of law, defendants did not owe plaintiff a duty.
Click to expand...

Here is paragraph 45 for those who don't want to download the entire PDF.

HOexplorer · Oct 17, 2012

This is finally justice at work. Trespassers beware. Jim

Jim Wiggin · Oct 18, 2012

Surprised really, Illinois government is so mixed up. I am glad the case was resolved correctly.

Log in or Sign up

Illinois Supreme Court rules in favor of RR

BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

GP30 TrainBoard Member

Logtrain TrainBoard Member

Ashley_SD45T-2 TrainBoard Member

r_i_straw Mostly N Scale Staff Member

HOexplorer TrainBoard Supporter

Jim Wiggin Staff Member TrainBoard Supporter

Share This Page

About TrainBoard

Useful Links

Places To Go: