Legal Opinion

Decatur Earthmover Credit Union v. Ryan

Court of Claims of Illinois

Decided August 30, 1999No. 98-CC-2601Published

1Opinion of the Court

OPINION ON MOTIONS TO DISMISS

Epstein, J.

This $14,088.85 negligence claim against the Respondents Secretary of State (the Secretary or SOS) is before us on the Respondents second motion to dismiss, and on one dangling issue from its first motion to dismiss.

Respondents current motion asserts the Secretary’s immunity under section 3 — 114(i) of the Illinois Vehicle Code (625 ILCS 5/3 — 114(i)) as a bar to liability arising from, inter alia, “a [motor vehicle] certificate of title issued in error [that] is subsequently used to commit a fraudulent act.” This claim presents a statutory construction…

2Cases cited12 opinions

  1. Field v. MansSupreme Court of the United States · 1995
  2. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  3. Molitor v. Kaneland Community Unit District No. 302Illinois Supreme Court · 1959
  4. Gozlon-Peretz v. United StatesSupreme Court of the United States · 1991
  5. In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985

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