Chicago Isn't Liable For Club Tragedy, Court Says
National News
The city of Chicago is not liable for the deaths and injuries of E2 Nightclub patrons trampled in a stairwell trying to flee the club after security guards used pepper spray to quell a disturbance, an Illinois appellate court ruled.
The estates of 20 decedents and more than 30 injured patrons filed suit against the club owners and the city, claiming Chicago failed to enforce court orders barring the use of the club's second floor. They also alleged that police failed to protect or help victims at the scene, and that one officer even closed and locked an exit door, contributing to the fatal pileup on Feb. 17, 2003.
Chicago moved to dismiss the complaint, citing unqualified immunity under the Local Governmental and Governmental Employees Tort Immunity Act, which shields public entities from liability for injuries "caused by adopting or failing to adopt an enactment or by failing to enforce any law."
Plaintiffs countered that the city's actions fell under an exception to the immunity law for "willful and wanton conduct."
However, the appellate court ruled that the exemption does not apply, because the city was not in control of the situation. It added that the plain language of the exception refers to public employees, not public entities.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.