Sunday, November 10, 2013

Iseberg v. Gross case brief

Iseberg v. Gross case brief summary
879 N.E.2d 278 (2007)

The Illinois appellate court affirmed the trial court's dismissal of plaintiff claimant's negligence claim against defendants, two business partners, alleging that a former mutual business partner of the claimant and the two business partners had threatened the claimant's life, the two business partners did not warn him, and the former mutual business partner shot the claimant. The state supreme court granted his petition for leave to appeal.


  • The claimant was an attorney purchasing land to develop it. 
  • One of the two business partners contacted him because that business partner and the former mutual business partner were building in the same area. 
  • After disagreements arose, litigation occurred. 
  • A settlement was reached, which caused a joint venture to be created. 
  • It also froze out the claimant from having anything to do with the land. 
  • Despite the joint venture's efforts, the land was not sold. 
  • The former mutual business partner was forced to surrender his interest in the land and lost his entire investment. 
  • The former mutual business partner's threats to harm the claimant, whom he blamed, were communicated to the two business partners. 
  • They did not warn the claimant or inform police. 
  • The former mutual business partner then shot and wounded the claimant. 
  • The claimant sued the two business partners for, inter alia, negligence. 
The trial court dismissed the negligence claim; the appellate court affirmed.

The state supreme court then found that the two business partners did not have an affirmative duty to warn the claimant since they were not in a special relationship with him that would have required such a warning.

The appellate court's judgment was affirmed.

Suggested Study Aids For Tort Law

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