Illinois Supreme Court to Hear Appeal of Bike Path Tort Immunity Case
The Illinois Supreme Court has granted the Chicago Park District's petition for leave to appeal in a case that may have significant implications
for units of local government that maintain bike paths.
In Cohen v. Chicago Park District, 2016 Il
App (1st) 152889, the plaintiff was riding his bike on the Lakefront
Trail near the Shedd Aquarium when his wheel became caught in a crack in the
concrete. The crack was approximately
three to four feet long, three to four inches wide, and two to three inches
deep. Cohen was injured and sued the
Park District for willful and wanton conduct.
At trial, the court granted the Park District’s motion for
summary judgment, finding the District was immune under Section 3-107(a) of the
Tort Immunity Act, which grants absolute immunity from injuries caused by a
condition of a “road which provides access to fishing, hunting, or primitive
camping, recreational or scenic areas.”
Additionally, the trial court found that, even if section 3-107(a) did
not apply, the Park District was immune under section 3-106, which provides
immunity from injuries occurring on recreational areas, unless the governmental
entity has engaged in willful and wanton conduct.
The appellate court reversed the trial court’s grant of
summary judgment, finding, first, that section 3-107(a) immunity applies only
to access roads to primitive recreational and scenic areas, and not to the
Lakefront Trail. Additionally, the
appellate court held that the question of whether the Park District may have
engaged in willful and wanton conduct was a question of fact for a jury to
determine. The plaintiff had presented
evidence that the Park District was aware of the defect in the Lakefront Trail
prior to the plaintiff’s injuries.
Consequently, according to the appellate court, it was not appropriate for the trial court to hold as a
matter of law that the Park District was not willful and wanton.
The Park District appealed the appellate court's ruling, and the District's appeal will be heard by the Illinois Supreme Court. We will report on the Illinois Supreme Court’s decision in
this matter when it becomes available.
Post Authored by Jim Rock, Ancel Glink
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