Corbett v. County of Lake
64 N.E.3d 90
Ill. App. Ct.2016Background
- Kathy Corbett was seriously injured when she rode over a defective area of the Old Skokie Bike Path in Highland Park on August 21, 2013; she sued Lake County and the City of Highland Park for defects in the path.
- The City had an agreement with the County to perform routine maintenance of the path within Highland Park.
- Corbett alleged vegetation had grown through the asphalt making the path broken and bumpy; she claimed defendants were willfully and wantonly indifferent.
- The City moved for summary judgment asserting absolute immunity under section 3-107(b) of the Local Governmental and Governmental Employees Tort Immunity Act (immunity for injuries caused by hiking, riding, fishing, or hunting trails).
- Parties submitted depositions, affidavits, and photographs describing the path: users called it the “bunny trail,” it had shrubs and limited trees, utility poles and overhead wires, nearby businesses, railroad tracks, parking lots, and was near Old Deerfield Road.
- The trial court granted summary judgment for both defendants; Corbett appealed only the City’s judgment arguing the path is not a “riding trail” as construed by Illinois case law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the bike path qualifies as a “riding trail” under 745 ILCS 10/3-107(b) | Corbett: path runs through developed/industrial/residential area, not a forest or mountainous region—so it is not a trail covered by §3-107(b) | City: path is used for recreational cycling, bordered by natural vegetation in stretches, users call it a trail; Brown/McElroy/Mull support treating similar bike paths as “riding trails” even if improved | Reversed: path is not a “riding trail” as a matter of law because it is surrounded by developed, non‑forest areas; §3-107(b) immunity does not apply |
Key Cases Cited
- Goodwin v. Carbondale Park District, 268 Ill. App. 3d 489 (1994) (paved bike path in developed city park not a "riding trail"; §3-107(b) intended for unimproved, natural settings)
- Brown v. Cook County Forest Preserve, 284 Ill. App. 3d 1098 (1996) (path providing access through wooded area qualifies as "trail" under §3-107(b), paving does not defeat status)
- Mull v. Kane County Forest Preserve District, 337 Ill. App. 3d 589 (2003) (adopts dictionary definition of "trail"; path through forest preserve is a "riding trail")
- McElroy v. Forest Preserve District, 384 Ill. App. 3d 662 (2008) ("trail" need not be unimproved; gravel paths and integral structures in natural areas fall within §3-107(b))