Richter v. College of Du Page
3 N.E.3d 902
Ill. App. Ct.2014Background
- Richter sued College of DuPage after tripping on an uneven sidewalk near the SRC revolving door (Mar. 12, 2009).
- College asserted discretionary immunity under 745 ILCS 10/2-109 and 2-201 and moved for summary judgment; trial court granted.
- Evidence showed the deviation arose from winter freeze-thaw; College used cones, yellow paint, then potential repairs in spring; no fixed rule requiring repair in winter.
- Gieschen and Schacht described policy to monitor deviations, with Kornsey having unfettered discretion to decide whether and how to repair each deviation.
- Yellow paint present before Richter’s fall; repair occurred later, in spring 2010 after thaw.
- Appellate court affirmed summary judgment, concluding handling of sidewalk deviation was a discretionary act with a policy determination, thus immune.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discretionary vs ministerial immunity | Richter contends 3-102 governs (ministerial), so College liable for negligent maintenance. | College shows discretionary immunity under 2-201; decisions about sidewalk deviations are discretionary and policy-based. | Discretionary immunity applies. |
| Policy determination requirement under 2-201 | There was no clear policy governing sidewalk handling; decision-making was ad hoc. | Kornsey’s handling constituted a policy determination balancing safety, practicality, and resources. | Policy determination established; immunity upheld. |
Key Cases Cited
- Trtanj v. City of Granite City, 379 Ill. App. 3d 795 (2008) (policy determination and discretionary immunity framework)
- Hanley v. City of Chicago, 343 Ill. App. 3d 49 (2003) (discretionary vs ministerial act hinges on case-specific discretion)
- Wrobel v. City of Chicago, 318 Ill. App. 3d 390 (2000) (illustrates discretionary decision-making in public works)
- Anderson v. Alberto-Culver Co., 317 Ill. App. 3d 1104 (2000) (minimally, advisory/regulatory guidelines affect ministerial vs discretionary)