Plaintiff, who had fallen behind on her home mortgage payments, filed complaint for trespass, negligent trespass, and assault. While Plaintiff was present in her house, and without notice or permission from Plaintiff, two men removed the lock on her back door and entered her house, having been instructed (by company hired by mortgage lender) to change the locks and "winterize" the house if it was vacant. Foreclosure judgment had been enterd 4 weeks prior, but Plaintiff was within the statutory redemption period and still had the right to full use and enjoyment of the house. Court properly dismissed trespass claim with prejudice; court correctly found that lender's policies and procedures were not admissible as evidence of duty of care owed by Defendant's in entering the house, and Plaintiff's counsel acquiesced to dismissal upon that ruling. Court properly granted summary judgment for Defendants on assault claim, as there is no evidence that Defendants acted with the intent to cause either a harmful or offensive contact with Plaintiff or an imminent apprehension of such contact. Proof of Plaintiff's apprehension of being personally injured without proof that Defendants intended to cause it is insufficient to impose liability for assault. (LAVIN and COBBS, concurring.)
Illinois Appellate Court
Civil Court
Assault