Danzig v. Univ. of Chicago Charter Sch. Corp., 2019 IL App (1st) 182187

Patrons were injured when a bench they were seated on collapsed during a school play. They filed an action against the dance academy and public charter school, alleging claims for negligence and willful and wanton misconduct. The charter school moved to dismiss on statute of limitations grounds and dance academy filed counterclaim for contribution against charter school, which the charter school also moved to dismiss. The Circuit Court granted the charter school’s motions, and the dance academy appealed. On appeal, the Appellate Court held that the patrons’ failure to file tort claims against charter school within one year of the incident precluded the dance academy’s counterclaims for contribution against the charter school.