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Weimann v. Meadow Manor, Inc.
674 N.E.2d 143, Ill.App. 5 Dist., IL, 12/12/1996
Category Victim v. Third Party 
Topic Nursing Homes 
Filename Failure to Intervene, Protect or Respond 
Crime Sexual Assault 
Location Hospital 
Prevailing Party Plaintiff 
Other Parties Nursing home 
Holding

Statement of Facts: Rosalie Weimann was a resident at Meadow Manor, a nursing home. While she was a resident, Mrs. Weimann was raped repeatedly by a licensed practical nurse employed by Meadow Manor. Mrs. Weimann's husband, Jessie, sued Meadow Manor, Inc., alleging that it was repeatedly warned of the nurse's conduct and failed to prevent further sexual acts by the nurse against Mrs. Weimann. Mr. Weimann sought treble damages under a state statute, as it existed when he filed his complaint. Thereafter, the statute was amended and the treble damages provision was repealed. Upon enactment of the amended statute, the defendant moved to strike the plaintiff's request for treble damages. The trial court entered an interlocutory order granting the defendant's motion to strike treble damages and certified the question of treble damages to the Appellate Court of Illinois. Holding: Reversed and remanded. The Appellate Court of Illinois reversed the circuit court's order. The Court held that the circuit erred in applying the amended statute retroactively. Retroactive application of the amended statute would have taken away or impaired the plaintiff's vested rights acquired under the Public Act prior to its amendment. Since the plaintiff satisfied all of the statutory requirements of the statute, he had a right to recover treble damages if the alleged violations were proved at trial. 


Damage Award Not tried 
Victim's Counsel     
Plaintiff's Counsel Thomas Q. Keefe, Jr., Belleville 
Plaintiff's Expert      
Defense Counsel Murvel Pretorius, Jr., Julie A. Ward, Peoria 
Defense Expert

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