Robinson v. Washington Township
976 N.E.2d 610
Ill. App. Ct.2012Background
- Ricky Robinson, Jr., a minor, sustained injuries when the car he rode in hit a pothole during road repairs on Stony Island Road in Washington Township.
- Plaintiff alleged the township had a duty to repair the roadway in a reasonably safe manner after commencing repairs.
- Trial court held the township was immune under the Tort Immunity Act for discretionary acts related to repairs.
- Plaintiff filed an amended complaint asserting negligent repair, improper inspection, failure to warn, and other maintenance failures after repairs began.
- The circuit court dismissed the case; the appellate court reversed and remanded, holding repairs were ministerial and not immune after work began.
- Dissent disputed the majority’s ministerial conclusion and urged immunity applies unless the repairs created a new hazard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether repair of the roadway after commencement is discretionary or ministerial. | Robinson argues repairs are ministerial and must be done safely. | Washington Township contends repair actions are discretionary planning decisions. | Ministerial; immunity does not apply to post-plan repairs. |
| Whether the Tort Immunity Act immunizes liability for negligent roadway repairs. | Plaintiff asserts duty to maintain road safely breaches immunity. | Township bears burden to prove immunity for discretionary acts. | Immunity does not apply; liability remains for negligent repairs. |
| Whether the complaint adequately alleged a hazardous condition created by repairs. | Alleged road was unsafe after repairs, due to debris and uneven surface. | Improvements did not create a new hazard; preexisting hazards remained. | Plaintiff adequately alleged duty; case remanded for proceedings on merits. |
Key Cases Cited
- Greene v. City of Chicago, 73 Ill. 2d 100 (Ill. 1978) (distinguishes discretionary planning from ministerial repair duty)
- Gutstein v. City of Evanston, 402 Ill. App. 3d 610 (Ill. App. 2010) (repairs generally ministerial; liable if negligently performed)
- Hanley v. City of Chicago, 343 Ill. App. 3d 49 (Ill. App. 2003) (repair of pothole as ministerial act; potential liability for negligence)
- Washington v. City of Chicago, 188 Ill. 2d 235 (Ill. 1999) (damages only for improvements that create hazards; not insurer of all accidents on public ways)
- Snyder v. Curran Township, 167 Ill. 2d 466 (Ill. 1995) (limits discretionary immunity; once plan to repair is decided, must exercise ordinary care)
- Morrissey v. City of Chicago, 334 Ill. App. 3d 251 (Ill. App. 2002) (discretion vs. ministerial acts in public works)