Emil M. Marogil Orthodontics, P.C., et al., v. Village of Itasca

May 2, 2019

An orthodontic practice sued the Village of Itasca for a sewer intrusion onto the offices’ premises. The Court found the Village did not owe a duty because of its previous incident and the likelihood of this sewer intrusion was too remote to be foreseeable. Moreover, the Court found that even if a duty had been owed. The Village was entitled to discretionary immunity under the Tort Immunity Act for its employee decisions. The Court granted summary judgment for the Village, which was represented by Charles Hervas and Tony Fioretti. Emil M. Marogil Orthodontics, P.C., et al., v. Village of Itasca, et al., Case No. 2015 L 784 (Du Page Co. Cir. Ct., April 24, 2019). Click to read more.