Court Sends Case Back for Further Proceedings on Immunity Claim by Park District
Public bodies should take note of a recent appellate court decision as it applies to negligence claims against
public bodies and immunity under the Tort Immunity Act. Torres v. Peoria Park District, 2020 IL App (3d) 190248.
In Torres, the plaintiffs filed a suit against the Peoria Park District
alleging that the District negligently caused their injuries when a pole affixed to the
District’s campsite hammock
fell and injured the plaintiffs. Plaintiffs also claimed that the District’s failure to warn plaintiffs about the
dangers of erecting hammocks on campsite poles was willful and wanton
conduct. The trial court
dismissed the case, but the
appellate court reversed, finding that plaintiffs had alleged enough facts to survive a motion to dismiss. The court noted that since the District allegedly knew its poles
were 42 years old and District employees allegedly told plaintiffs that the
poles could be used for camping purposes without informing them about the
District’s policy prohibiting hanging hammocks, the court could not
determine at this point in the case whether the District's actions were willful
and wanton, meaning that the District would not be immune from liability under the Tort Immunity Act. The case was sent back to the trial court for further proceedings on that issue.
Post Authored by Eugene Bolotnikov, Ancel Glink
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