Iseberg v. Gross
Illinois Supreme Court
879 N.E.2d 278 (2007)
Relevant factsFree
Iseberg (plaintiff), Slavin, and Gross (defendant) were business partners, and after a deal between them collapsed, Slavin repeatedly told Gross - including saying he wanted to kill Iseberg - that he intended to harm Iseberg, but Gross never warned Iseberg, and Slavin later shot and seriously injured him. Iseberg sued Gross for negligence, arguing Gross had a duty to warn him of Slavin's threats, but the trial court dismissed the claim for lack of any duty, and the appellate court affirmed.
IssueFree
Whether a person is under an affirmative duty to warn or protect another from a third party's criminal attack, absent a special relationship between the parties.