Clifford Law Offices Wins Critical Tort Immunity Case in Illinois Supreme Court
Press Release, 11/22/2002In a precedent-setting decision, the Illinois Supreme Court decided that certain not-for-profit corporations do not fall under the protections of the Tort Immunity Act.
Clifford Law Offices represents a former student at Joseph Academy in Niles who was injured in a gym class requiring several knee surgeries. The state’s highest court held that in order for a not-for-profit corporation to be immune from liability, it must establish that it is “tightly enmeshed with goverment whether through direct govermental ownership or operational control by a unit of local government,” according to the opinion issued Thursday.
“We think that the court’s decision is fair-minded and speaks to the issue of dispensing justice to those who deserve it based upon their reasonable expectations,” said Robert Clifford, partner at Clifford Law Offices. “We are pleased that this plaintiff will have her day in court.”
The case is Brugger v. Joseph Academy (No. 92887) which was filed in 1997 following the injury playing dodge ball by 17-year-old Kelly Brugger of Des Plaines.
Brugger had been ordered by her physical education to play the sport despite a physician’s note prohibiting her from playing.
The court made the distinction that the private, not-for-profit school was not open to the public at large inasmuch as the private school retained the sole right to determine whether to accept or reject a student on any grounds.
