Huey v. Town of Cicero

• Decision Date: 22 November 1968
• Docket Number: No. 41089,41089
• Citation: 243 N.E.2d 214,41 Ill.2d 361
• Parties: Isaac HUEY, Admr., Appellant, v. The TOWN OF CICERO et al., Appellees.
• Court: Illinois Supreme Court

Page 214

243 N.E.2d 214

41 Ill.2d 361

Isaac HUEY, Admr., Appellant, v. The TOWN OF CICERO et al., Appellees.

No. 41089.

Supreme Court of Illinois.

Nov. 22, 1968.

Rehearing Denied Jan. 28, 1969.

John O'C. Fitzgerald, Chicago, for appellant.

Clausen, Hirsh, Miller & Gorman, Chicago (John R. Caffrey and James T. Ferrini, Chicago, of counsel), for appellees.

KLUCZYNSKI, Justice.

Plaintiff, Isaac Huey, as administrator of the estate of his deceased minor son, Jerome, instituted a wrongful-death action in the circuit court of Cook County against the Town of Cicero, its board of trustees, and certain named individual officials of the town. Pursuant to defendants' motion and over written objections by plaintiff, the trial court dismissed the suit as to all defendants. Plaintiff appealed and the cause is before this court because it is alleged that questions arising under the State and Federal constitutions are presented.

The instant action arose from the fatal felonious beating of Jerome Huey, a Negro, by four white youths armed with baseball bats. The attack occurred at about 10:00 P.M. on May 25, 1966, near the intersection of 25th Place and Laramie Avenue in Cicero, Illinois, while decedent was en route to an employment office. The complaint recited these facts and alleged that the defendants knew or would have known by the exercise of ordinary care that a large number of Negroes entered and departed the confines of Cicero daily in pursuit of employment at various factories and that 'the presence of a * * * Negro * * * on the public streets and ways of Cicero * * * on or about May 25, 1966, constituted a peril and hazard to the personal safety (of such person).' It charged that 'The defendants, however, or one or more of them so wantonly and wilfully neglected to use ordinary care for the protection and safety due to dark-skinned persons and to plaintiff's intestate on May 25, 1966, that as a direct and proximate result, JEROME HUEY, was assaulted and severe injuries were inflicted * * * from which he died on May 29th, 1966.' It further charged that 'Notwithstanding that the defendants, or one or more of them, were under a duty to warn, advise, or otherwise give notice to dark-skinned persons and plaintiff's intestate of the unusual and extraordinary hazards and perils to such persons as existed on May 25th, 1966 in the TOWN OF CICERO, the defendants or one or more of them, wilfully and wantonly failed to exercise ordinary care to so advise, warn or otherwise give notice to JEROME HUEY.'

The defendant's amended motion to dismiss alleged that the plaintiff's suit was barred by the statutory immunity granted public entities by section 4--102 of the Local Governmental and Governmental Employees Tort Immunity Act (Ill.Rev.Stat.1965, chap. 85, par. 4--102) and by his failure to give notice within six months as prescribed by section 8--102 of the Act and that, in any event, the complaint failed to state a cause of action as the 'Defendants, and each of them, did not breach any known duty and in fact owed no duty to Plaintiff's intestate or to others of the kind and nature alleged * * *.' The trial court dismissed the suit without a written opinion.

On appeal, plaintiff contends that the statute granting immunity to local governmental units violates the due...