Moore v. Chicago Park District
2011 IL App (1st) 103325
| Ill. App. Ct. | 2011Background
- Roberta Minor Moore, as special administrator of Sylvia Lee Moore’s estate, sued the Chicago Park District for injuries and death from a slip on ice and snow at Fernwood Park.
- Plaintiff alleged the Park District negligently created an unsafe unnatural accumulation of ice and snow on park property.
- On January 23, 2006, Moore slipped while stepping between two parked cars in the park’s lot where snow had been moved and accumulated by a Park District employee.
- The parking lot had been plowed/shoveled; snow was pushed from sidewalks to the curb, and snow removal allegedly caused cars to block access to the handicapped space.
- The trial court denied summary judgment; the court certified a Rule 308 question to the Illinois appellate court to determine whether the abnormal snow/ice accumulation is a “condition” of public property under §3–106 of the Tort Immunity Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does unnatural snow/ice constitute a condition of public property under §3–106? | Moore argues snow/ice are conditions of property and thus do not trigger §3–106 immunity. | Park District contends the accumulation is an activity-related danger and not a property condition, invoking §3–106 immunity. | Negative; the accumulation is not a 'condition' under §3–106. |
Key Cases Cited
- McCuen v. Peoria Park District, 163 Ill. 2d 125 (1994) (property itself must be unsafe; misuse of otherwise safe property falls outside §3–106)
- Stein v. Chicago Park District, 323 Ill. App. 3d 574 (2001) (definition of 'condition' as part of the property; hose not a condition)
- Callaghan v. Village of Clarendon Hills, 401 Ill. App. 3d 287 (2010) (conflicted with Stein on movability/conditioning; not controlling here)
- Ziencina v. County of Cook, 188 Ill. 2d 1 (1999) (natural accumulation immunity and due care interplay)
- Belton v. Forest Preserve District, 407 Ill. App. 3d 409 (2011) (immunity limits and carve-outs on non-recreational drivers)
- Vilardo v. Barrington Community School District 220, 406 Ill. App. 3d 713 (2010) (immunity scope for injuries on recreational property and conduct)
- Nelson v. Northeast Illinois Regional Comm. R.R. Corp., 364 Ill. App. 3d 181 (2006) (McCuen framework applied in later cases)