An Illinois Supreme Court Reminder of What Constitutes Willful and Wanton Conduct under Tort Immunity Act: Barr v. Cunningham, 2017 IL 120751

The Illinois Tort Immunity Act shields local public entities from liability unless a plaintiff can establish willful and wanton conduct—defined as deliberate intent to cause harm or an utter indifference or conscious disregard for safety. In Barr v. Cunningham, the Illinois Supreme Court clarified that this standard is not automatically a jury question and cannot be met by speculation alone. Absent evidence of prior injuries or proof that an activity is generally associated with serious harm, a plaintiff cannot show the requisite “knowledge of impending danger,” and trial courts may properly dispose of such claims as a matter of law.