Colella v. Lombard Park District
2017 IL App (2d) 160847
| Ill. App. Ct. | 2017Background
- On April 29, 2013, Sarah Colella was walking on a dirt nature path in Westmore Woods (a park controlled by Lombard Park District) when an ~18" piece of rebar protruding from a dumped railroad tie (the “spiked timber”) pierced her calf.
- Plaintiffs alleged debris had been dumped on Park District land prior to flooding that displaced the debris onto the path and that Park District staff had actual/constructive notice.
- Plaintiffs’ third amended complaint asserted counts for willful-and-wanton conduct and ordinary negligence (plus loss of consortium) against the Park District and the Village; the Village was dismissed below and is not part of this appeal.
- The Park District moved under section 2-619 (Tort Immunity Act defenses) arguing absolute immunity under 745 ILCS 10/3-107(b) (trails) and limited immunity under 745 ILCS 10/3-106 (recreational property).
- The trial court initially denied dismissal but, after reassignment and reconsideration, granted the Park District’s 2-619 motion and dismissed plaintiffs’ fourth amended complaint with prejudice, finding section 3-107(b) applied.
- On appeal the Second District affirmed, concluding the injury was caused by a "condition" of a "hiking trail" within the meaning of section 3-107(b), entitling the Park District to absolute immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the path qualifies as a "trail" under 745 ILCS 10/3-107(b) | Westmore Woods is a park with improvements (pond, playground, baseball diamond), not a forest preserve; Corbett limits "trail" to forest/mountainous settings | The path is a dirt trail through a densely wooded area and fits the ordinary meaning of a hiking trail | Path was a "hiking trail" for §3-107(b) purposes; Corbett distinguished on facts and does not bar immunity here |
| Whether the spiked timber was a "condition" of the trail under §3-107(b) | §3-107 should apply only to natural/physical conditions; manmade structures or dumped debris are not covered (relying on Sites, Goodwin) | §3-107 covers conditions on trails broadly, including manmade objects and debris causing injury; policy supports insulating trails from maintenance burdens | Spiked timber is a "condition" of the trail; §3-107(b) immunizes the Park District from liability (absolute immunity) |
| Whether the Park District’s alleged willful/wanton "misuse" (allowing dumping despite notice) defeats §3-107 immunity (invoking McCuen) | The Park District’s alleged misuse made otherwise safe property dangerous; McCuen shows misuse can defeat immunity | §3-107’s plain language creates absolute immunity for injuries "caused by a condition of" a trail regardless of alternative theories; McCuen governs §3-106, not §3-107 | McCuen does not negate §3-107. Because the injury was caused by a condition of a trail, §3-107 applies and provides absolute immunity |
Key Cases Cited
- Van Meter v. Darien Park District, 207 Ill. 2d 359 (discusses purpose and review of §2-619 dismissal)
- DeSmet v. County of Rock Island, 219 Ill. 2d 497 (immunity under Tort Immunity Act is an affirmative matter for §2-619)
- Ries v. City of Chicago, 242 Ill. 2d 205 (plain-language construction of immunity provisions; willful-and-wanton exceptions)
- McCuen v. Peoria Park District, 163 Ill. 2d 125 (distinguishes liability based on misuse of otherwise safe property from liability based on a condition of property under §3-106)
- McElroy v. Forest Preserve District of Lake County, 384 Ill. App. 3d 662 (§3-107 immunity applies to manmade objects like bridges/boardwalks on trails)
- Sites v. Cook County Forest Preserve District, 257 Ill. App. 3d 807 (held a chain/cable gate was not a ‘‘condition’’ of access road — discussed by the court)
- Goodwin v. Carbondale Park District, 268 Ill. App. 3d 489 (discusses natural/unimproved property view of §3-107; court here disagreed with that restrictive reading)
- Brown v. Cook County Forest Preserve, 284 Ill. App. 3d 1098 (paved urban bicycle paths not "riding trails" for §3-107 purposes)
- Manuel v. Red Hill Community Unit School District No. 10 Bd. of Educ., 324 Ill. App. 3d 279 (theory of liability controls whether §3-106 applies)