Questions remain for ‘special relationship’ claims

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 1, 2020 11:01 AM

During a party at Kevin McCormick’s residence, Chad Crank allegedly hit James McDaniel with a fire poker and shattered a bone in his arm. Crank defaulted in an intentional tort case. McDaniel sued McCormick for negligence based on Section 318 of the Restatement (Second) of Torts, which has been mentioned but not explicitly adopted by the Illinois Supreme Court. On appeal from a judgment for McDaniel, the Illinois Appellate Court — noting “there is some question among the appellate courts as to whether Illinois recognizes …

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