161 Ill. App. 3d 596 - Badillo v. DeVivo’s Empirical Analysis
1987
Citation profile
3 federal appellate · 27 state decisions
How this case has been cited
Cited by 30 later decisions — most recently June 2018 · most notably 169 Ill. App. 3d 78 - Swett v. Village of Algonquin (1988), Reynolds v. CB Sports Bar, Inc. (2010)
3 federal appellate · 27 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 56 Ill. 2d 372 - Cunis v. Brennan · 36 Ill. 2d 516 - Lance v. Senior · 1 Ill. App. 3d 345 - McDonald v. Frontier Lanes, Inc. · 122 Ill. App. 3d 1042 - Zimmermann v. Netemeyer · 108 Ill. App. 3d 1028 - Magana v. Elie
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But even assuming the subsequent assault was foreseeable, foreseeability is not the only element necessary to establish duty. In determining whether a duty exists, the court should also consider ‘[t]he likelihood of injury, the magnitude of the burden of guarding against it and the consequences of placing that burden upon the defendant.’ [Citation omitted.] This court has repeatedly held that requiring a business owner to protect its patrons from injuries that occur after the patron leaves the premises places an unjustifiable burden on the operator and on the police force. [Citation omitted.] It would oblige tavernkeepers, as well as other business operators to, in essence, police the streets so as to ensure their patrons’ safe passage to their cars or even their homes. Plaintiff s proposed remedy would be particularly burdensome as it would require establishment owners to determine which party was the aggressor in an altercation and to detain that potentially dangerous person on the premises until the victim could flee.” 161 Ill. App. 3d at 599 .”
2 later decisions quote this exact passage · from the majority“In those cases where such a duty has been imposed, however, the injurious act occurred on the defendant's premises or in a parking lot owned or operated by the defendant.”
1 later decision quote this exact passage · from the majority“Illinois authority which would require a tavern owner to protect its invitees from foreseeable dangers caused by third persons off the tavern's premises.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.