Civil procedure — discretionary immunity, reasons

Posted November 27, 2018 3:21 PM

Where a government body asserts discretionary immunity for an employee’s failure to remedy a dangerous condition they must demonstrate that the decision not to remedy it was a conscious decision made by the employee and cannot claim discretionary immunity if the employee was simply unaware of the condition.The 1st District Appellate Court reversed and remanded a decision by Cook County Circuit Judge William E. Gomolinski.Jeffrey Andrews was working as a cement finisher for F.H. Paschen S.N. Nielsen and Associates LLC …

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