Find Court Cases > Go Back to List > Carroll v. Paddock

Carroll v. Paddock

Case Date: 12/11/2000
Court: 4th District Appellate
Docket No: 4-00-0473 Rel

December 11, 2000

NO. 4-00-0473

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

PAUL D. CARROLL, as Administrator of
the Estate of JOSHUA A. CARROLL,
Deceased,
                    Plaintiff-Appellant,
                    v.
JERRY PADDOCK, ROD NEESON; HUMAN
RESOURCES CENTER OF EDGAR and CLARK
COUNTIES; PARIS COMMUNITY HOSPITAL; and
MAMERTO GUINTO, M.D.,
                    Defendants-Appellees.		 )
)
)
)
)
)
)
)
)
)		 Appeal from
Circuit Court of
Edgar County
No. 99L7



Honorable
James R. Glenn,
Judge Presiding.

JUSTICE GARMAN delivered the opinion of the Court:

Plaintiff, Paul D. Carroll, as the administrator of the estate of Joshua A. Carroll, appeals the order of the circuit court ofEdgar County dismissing his complaint against defendants, Human Resources Center of Edgar and Clark Counties (HRC),Jerry Paddock (Paddock), Rod Neeson (Neeson), and Mamerto Guinto, M.D. (Guinto), and granting Paris CommunityHospital's (Hospital) motion for summary judgment pursuant to the Local Governmental and Governmental EmployeesTort Immunity Act (Act) (745 ILCS 10/1-101 through 10-101 (West 1998)). Plaintiff also appeals the circuit court'sdismissal of his February 15 and April 24, 2000, motions for a declaration of unconstitutionality of a portion of section 1-206 of the Act (745 ILCS 10/1-206 (West 1998)). Plaintiff argues on appeal that (1) HRC and the Hospital are not localpublic entities under section 1-206 of the Act and are therefore not entitled to invoke the one-year statute of limitationsunder section 8-101 of the Act (745 ILCS 10/8-101 (West 1998)); (2) section 1-206 of the Act, purporting to givegovernmental tort immunity to "any not-for-profit corporation organized for the purpose of conducting public business"(745 ILCS 10/1-206 (West 1998)), is unconstitutional as constituting special legislation in violation of section 13 of articleIV of the Illinois Constitution of 1970 (Ill. Const. 1970, art. IV,