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Iseberg v. Gross | 879 N.E.2d 278 (2007)

If you knew that one of your acquaintances was planning to kill someone, you would probably feel obligated to do something to stop the attack. For example, you might call the police or warn the potential victim. But are you legally required to take any action? We explore that question in the 2007 case Iseberg versus Gross.

Mitchell Iseberg, Sheldon Gross, and Edward Slavin were business partners. When their business venture failed, Slavin blamed Iseberg. Slavin told Gross that he blamed Iseberg and that he wanted to kill him. Gross didn’t tell Iseberg about Slavin’s threats, nor did he alert the police. Slavin ultimately shot Iseberg, severely injuring him.

Iseberg sued Gross for negligence and argued that Gross should’ve warned him or the police about Slavin’s threats. The trial court dismissed Iseberg’s negligence claim. Iseberg appealed to the Illinois Appellate Court, which affirmed. Iseberg then appealed to the Illinois Supreme Court.

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