WILLIAM SUCHY, Independent Adm‘r of the Estate of Randy Suchy, Deceased, Plaintiff-Appellant, v. THE CITY OF GENEVA, THE GENEVA PARK DISTRICT, and THE COUNTY OF KANE, Defendants-Appellees.
No. 2-13-0367
Appellate Court of Illinois, Second District
March 28, 2014
2014 IL App (2d) 130367
Illinois Official Reports
Appellate Court
Suchy v. City of Geneva, 2014 IL App (2d) 130367
Held (Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)
Defendants, the City of Geneva, the Geneva park district and Kane County, did not have a duty of care to plaintiff‘s brother, who died after jumping below a dam into a river to save a drowning boy, because while the risks presented by a body of water are generally considered to be open and obvious and thus an exception to a general duty of care owed by a landowner in Illinois, the court applied the traditional duty analysis and found that the defendants were not negligent, since they neither created, altered, nor owned the dam, plaintiff did not allege that the danger was concealed below the water, and there already were warning signs in place.
Decision Under Review
Appeal from the Circuit Court of Kane County, No. 12-L-284; the Hon. Edward C. Schreiber, Judge, presiding.
Judgment
Affirmed.
Counsel on Appeal
David C. Wise, of
Amanda M. Hillmann, of Knight, Hoppe, Kurnik & Knight, Ltd., of Rosemont, for appellee City of Geneva.
Edward F. Dutton, of Park District Risk Management Agency, of Lisle, for appellee Geneva Park District.
Joseph H. McMahon, State‘s Attorney, of St. Charles (Joseph F. Lulves, Assistant State‘s Attorney, of counsel), for appellee County of Kane.
Panel
JUSTICE JORGENSEN delivered the judgment of the court, with opinion.
Justices Zenoff and Birkett concurred in the judgment and opinion.
OPINION
¶ 1 In 2011, decedent, Randy Suchy, died after he jumped into the Fox River in Geneva to save a drowning boy. Subsequently, plaintiff, William Suchy, as the
I. BACKGROUND
A. Plaintiff‘s Complaint
¶ 2 In his seven-count complaint, filed in 2012, plaintiff alleged as follows.
¶ 3 For many years prior to August 5, 2011, in the Fox River, there was a low head dam commonly known as the Geneva Dam. The dam created extremely dangerous and potentially deadly currents in the water downstream, and defendants knew this and knew that many people are injured each year by drowning or nearly drowning at the downstream side of dams such as the Geneva Dam. Defendants knew that it was unsafe and potentially lethal for children or adults to be in the dam‘s downstream water, and they knew that the water and the land in close proximity to it could not be safely used. Defendants also knew that children and adults were unaware of the dangers of low head dams. Defendants purposefully and intentionally configured their land to cause children and adults to use the land in close proximity to the downstream water. Defendants had been repeatedly told that the access they provided to the downstream side of the dam was dangerous, but they persisted in causing access to the land in close proximity to the downstream side of the dam. Defendants had also been told that warning signs were inadequate to apprise children and adults of the dangers of using the land, and they refused to repair the signs or install new ones.
¶ 4 On August 5, 2011, Evan Schultz, age 12, was using the land in close proximity to the downstream side of the dam. Decedent saw Schultz drowning at the downstream side and jumped into the water to save the boy‘s life. He saved Schultz‘s life, but sustained injuries that resulted in his death. Plaintiff also pleaded that Schultz and decedent were intended and permitted users of defendants’ property.
¶ 5 In his wrongful death counts (
to maximize its potential for wildlife, recreation, and other uses; and had the power to participate in and object to modifications of the dam or its removal.
¶ 6 Plaintiff further alleged that defendants acted willfully and wantonly and with a conscious indifference and utter disregard for the safety of others in one or more of the following ways: (1) persisting in causing and encouraging children and adults to use the land in close proximity to the downstream side of the low head dam when they knew that it was unsafe to do so; (2) refusing to close off access to the downstream side of the low head dam when they knew that closing off such access was reasonably necessary for safety and to prevent children and adults from being killed; (3) refusing to repair or maintain signs warning children and adults of the deadly dangers of the land in close proximity to the downstream side of the low head dam and warning all persons to stay out of the water in close proximity to the downstream side of the dam2; (4) failing to maintain adequate or reasonable fencing to prevent persons from entering the water in close proximity to the downstream side of the dam; and (5) failing to maintain adequate lifesaving devices in the area of danger at the dam.
¶ 7 According to plaintiff, as a proximate result of one or more of these willful and wanton acts and omissions, committed with conscious indifference and utter disregard for the safety of others, decedent suffered injuries that resulted in his death. He left surviving him brothers and sisters, all of whom sustained a loss of love, society, and companionship.
¶ 8 In his survival action counts (
¶ 9 As to the County, plaintiff additionally alleged (in counts V and VI) that the municipality was responsible for planning and managing groundwater, surface water, potable water supplies, rivers, streams, floodplains, and wetlands. The County submitted a report to the state, describing various dam-related deaths and injuries. It further developed a countywide water protection plan for preserving and improving water quality in the river in order to maximize recreational use of the river. Plaintiff further alleged that the County disbursed to its citizens potable water from the river through public water supply systems. The County undertook restoration, construction, and improvement projects on the river, including, but not limited to, installation of tools to hold the toe of the sloop to minimize erosion and restoration of dams that cause stream erosion. The County further removed or planned for removal of several dams located on the river, including the North Batavia Dam, the South Batavia Dam, and the Brewster Creek Dam.
B. Defendants’ Motions
¶ 10 Defendants moved to dismiss plaintiff‘s complaint. The Park District, on October 4, 2012, brought a combined motion under
¶ 11 Pursuant to
¶ 12 On October 9, 2012, the City brought a combined motion to dismiss plaintiff‘s complaint pursuant to
the City had no duty to warn or protect plaintiff against any risks presented by the river, because decedent was not an intended or permitted user where the City, as plaintiff alleged, declared it unlawful to enter the river. The City argued pursuant to
C. Trial Court‘s Ruling
¶ 13 On March 21, 2013, the trial court granted defendants’ motions and dismissed plaintiff‘s complaint with prejudice.4 It found that defendants had no control over the river or dam, because the river and dam are owned by the state and maintained and controlled by the Department of Natural Resources. The court further found that, assuming that they were aware of the dangers presented by the river and dam and that they nevertheless encouraged the public to engage in recreational activities in the vicinity of the dam, defendants had no duty to warn or otherwise protect decedent against the open and obvious risks presented. Accordingly, the court granted defendants’
¶ 14 The court noted that, based on its no-duty finding, it did not need to reach the issue (in defendants’
II. ANALYSIS
¶ 15 A motion to dismiss a complaint pursuant to
¶ 16 To prevail on a common-law negligence claim, a plaintiff must establish that the defendant owed a duty, that the defendant breached that duty, and that the defendant‘s breach was the proximate cause of injury to the plaintiff. Krywin v. Chicago Transit Authority, 238 Ill. 2d 215, 225 (2010). Unless a duty is owed, there can be no recovery for negligence. American National Bank & Trust Co. of Chicago v. National Advertising Co., 149 Ill. 2d 14, 26 (1992).
¶ 17 Plaintiff argues that the trial court erred in dismissing his complaint, where the court failed to undertake a traditional duty analysis to assess whether defendants owed decedent a duty.5 Had it undertaken such an analysis, plaintiff asserts, the court would have determined either that the “subsurface,” man-made, aerated currents under the boil were not open and obvious, and, thus, defendants owed decedent a duty to warn or protect against the dangers, or that, at a minimum, their obviousness and the applicability of the deliberate-encounter exception were factual questions precluding dismissal under
¶ 18 “Duty is determined by asking ‘whether defendant and plaintiff stood in such a relationship to one another that the law imposed upon defendant an obligation of reasonable conduct for the benefit of plaintiff.‘” Bucheleres v. Chicago Park District, 171 Ill. 2d 435, 445 (1996) (quoting Ward v. K mart Corp., 136 Ill. 2d 132, 140 (1990)). Persons who own, occupy, or control and maintain land are not ordinarily required to foresee and protect against injuries resulting from dangerous conditions that are open and obvious. Id. at 447-48; Alqadhi v. Standard Parking, Inc., 405 Ill. App. 3d 14, 17 (2010) (quoting Restatement (Second) of Torts § 343A(1) (1965)); see also Bezanis v. Fox Waterway Agency, 2012 IL App (2d) 100948, ¶ 15 (open-and-obvious doctrine is an exception to general duty of care owed by a landowner in Illinois). The law assumes that persons will recognize the danger and take care to avoid the risk. Id. ¶ 16. “A condition is open and obvious where a reasonable person in the plaintiff‘s position, exercising ordinary perception, intelligence, and judgment, would recognize both the condition and the risk involved.” Id. Open and obvious dangers include fire, height, and bodies of water. Bucheleres, 171 Ill. 2d at 447-48; see Mt. Zion State Bank & Trust v. Consolidated Communications, Inc., 169 Ill. 2d 110, 118 (1995) (holding that the defendant could reasonably expect that a six-year-old child would appreciate the risk represented by a swimming pool and, therefore, owed no duty arising out of the defendant‘s placement of a utility pedestal next to fence around pool). The determination of whether a danger is open and
obvious is generally a question of fact, though it can be decided as a matter of law where reasonable minds could not disagree and based upon the objective knowledge of a reasonable person confronting the same condition. Sandoval v. City of Chicago, 357 Ill. App. 3d 1023, 1027-28 (2005); Harmon v. United States, 8 F. Supp. 2d 757, 761 (N.D. Ill. 1998); see also Choate v. Indiana Harbor Belt R.R. Co., 2012 IL 112948, ¶ 34 (“Where there is no dispute about the physical nature of the condition, whether a danger is open and obvious is a question of law.“).
¶ 19 Again, bodies of water are deemed to present open and obvious dangers, whether they are natural or man-made. Jackson v. TLC Associates, Inc., 185 Ill. 2d 418, 425 (1998). Further, water‘s dangers are considered to be apparent to both experienced swimmers and young children. Id. at 425-26. “Cases addressing the open and obvious danger of water are premised on the
¶ 20 The mere existence of an open and obvious danger is not a per se bar to finding that a defendant who owns, occupies, or controls land has a duty to exercise reasonable care. Jackson, 185 Ill. 2d at 425; Bucheleres, 171 Ill. 2d at 449. In assessing whether a duty is owed, a court must still apply a traditional duty analysis to the particular facts of the case. Jackson, 185 Ill. 2d at 425. Relevant factors as to whether a duty exists include: (1) the likelihood of injury; (2) the reasonable foreseeability of such injury; (3) the magnitude of guarding against the injury; and (4) the consequences of placing that burden on the defendant. Id. “Nonetheless, for all practical purposes, *** if a danger is open and obvious, and neither exception applies, there is no duty.” Allen ex rel. Linder v. Martinez, 348 Ill. App. 3d 310, 314 (2004). Thus, whether a duty exists to guard against harm from an open and obvious condition depends on whether an exception applies. Sollami v. Eaton, 201 Ill. 2d 1, 15-16 (2002). One exception is the deliberate-encounter exception, which provides that “harm may be reasonably anticipated when the landowner ‘has reason to expect that the invitee will proceed to encounter the known or obvious danger because to a reasonable man in his position the advantages of doing so would outweigh the apparent risk.‘” Rusch v. Leonard, 399 Ill. App. 3d 1026, 1036 (2010) (quoting Restatement (Second) of Torts § 343A cmt. f (1965)). The deliberate-encounter exception most often applies in cases involving economic compulsion or impetus. Sollami, 201 Ill. 2d at 16 (citing cases). The deliberate-encounter exception affects the foreseeability analysis—the second factor in the traditional duty analysis. See LaFever v. Kemlite Co., 185 Ill. 2d 380, 396 (1998) (“finding that a landowner may reasonably be expected in certain instances to predict that an invitee may suffer harm from an open and obvious danger is conclusive only of the possessor‘s duty, and then only partially so, since foreseeability alone is not determinative of duty“); see also Rusch v. Leonard, 399 Ill. App. 3d 1026, 1028, 1036 (2010) (reversing summary judgment for the defendant construction company and holding that
exception applied where there was only one stairway to access the second floor of building and thus it was reasonable to expect an invitee/firemedic to encounter the known or obvious danger—carrying injured person down stairway and landings that did not have a handrail and were unsecured).
¶ 22 The reviewing court reversed and remanded, holding that the defendant owed a duty to warn. Id. at 262-63. The court noted that “the existence of an open and obvious danger is not a per se bar to finding that a landowner has a duty to exercise reasonable care.” Id. at 260-61. Further, it noted that, in determining whether a duty exists, a court must still undertake a traditional duty analysis. Id. at 261. In assessing the first factor, the likelihood of injury, the court noted that it is generally slight when the condition is open and obvious, because “it is assumed that persons encountering the dangerous condition will appreciate and avoid the risk.” Id. (further noting that obvious dangers associated with water include “strong currents, submerged obstacles, sudden drop-offs, etc.“). However, in the case before it, the plaintiffs had alleged that the presence of the powerful underwater man-made currents was not apparent from the surface and that the danger was not open and obvious. Id. Thus, although the dangers associated with water were obvious, the likelihood of injury was at least moderate due to the increased risks caused by the hidden currents. Id. In addressing the second factor, the reasonable foreseeability of injury, the court noted that, generally, as the obviousness of the danger increases, the foreseeability of injury decreases, because people are expected to exercise due care and avoid obvious risks. Id. However, in that case, the foreseeability of injury was very high because, according to the complaint, the defendant knew of the currents, that the danger was not apparent, and of six previous drownings. Id. at 261-62. As to the third factor, the magnitude of the burden of guarding against injury, and the fourth factor, the consequences of placing that burden on the defendant, the court concluded that they were small (i.e., warning signs). Id. at 262. Accordingly, the court held that the defendant owed a duty to warn the plaintiffs’ decedents of the dangerous underwater currents allegedly produced by the defendant‘s dam. Id.
¶ 23 The Ward court further stated that Lerma v. Rockford Blacktop Construction Co., 247 Ill. App. 3d 567 (1993), which held that no duty existed under similar facts, was overruled by Jackson to the extent that it held that no duty could ever exist when the injury involves a body of water. Ward, 313 Ill. App. 3d at 262. In Lerma, which defendants urge is controlling here and which plaintiff argues is flawed for failing to conduct the
children entered a river near a dam and drowned downstream of the dam while attempting to rescue another child who had been playing in the river. The plaintiffs alleged that unseen hazards in the river, in the form of undercurrents, debris, or both, caused the decedents’ deaths. They further alleged that operation of the dam‘s conduits altered the natural flow of the river, thereby creating dangerous undercurrents and undertows that were not visible from the surface and were capable of causing drowning. The defendant general contractor had opened the conduits to prevent water from flowing over the top of the dam. The plaintiffs alleged that the entire flow of the water was forced downstream through the conduits. They also asserted that the river‘s bottom was cluttered with debris from the construction project, the debris was not visible from the surface, and a person could become entangled in it and drown. Initially, the Lerma court generally noted that an entity in control of the premises, such as the defendant general contractor in that case, has a duty to keep its site safe and to be informed of its safety, but that the nature of the danger is dispositive and, in the case of open and obvious dangers, no duty exists. Lerma, 247 Ill. App. 3d at 573. According to the court, “it is a body of water per se that presents an obvious risk of drowning, not its attendant conditions, whether surface or subsurface, artificial or natural.” Id. at 575. Bodies of water, the court further stated, are obvious dangers “to persons old enough to be at large precisely because of their unknown surface or subsurface elements.” (Emphasis added.) Id. The test is the foreseeability of harm. Id. Affirming the
¶ 24 Relying on Jackson‘s statement that, where a hazard is not related to the inherent characteristics of bodies of water and stems solely from the defendant‘s conduct, the “open and obvious” doctrine does not apply and a duty is owed (Jackson, 185 Ill. 2d at 426), the Ward court concluded that the defendant owed the plaintiffs’ decedents a duty to warn of the dangerous underwater currents allegedly produced by the defendant‘s dam. Ward, 313 Ill. App. 3d at 263. Ward read Jackson to stand for the proposition that “liability may attach for injuries caused by hazards in bodies of water where the hazard: (1) could not be detected; (2) was not an ‘inherent characteristic’ of bodies of water; and (3) stemmed solely from the defendant‘s conduct.” Id. Because the Ward plaintiffs alleged that the currents were not apparent from the surface and were man-made (by the defendant), their cause of action was not barred merely because the danger the defendant had created can also occur naturally. Id. (further noting that, on remand, the plaintiffs would still bear the burden of establishing that the defendant‘s conduct was the proximate cause of the boys’ deaths); cf. Bezanis, 2012 IL App (2d) 100948, ¶¶ 24-30 (undertaking traditional duty analysis and upholding trial court‘s refusal to impose duty to warn of diving into shallow water
¶ 25 Here, plaintiff argues that the “subsurface,” man-made aerated currents “under” the boil were not open and obvious (and, thus, defendants owed decedent a duty) or, at a minimum, presented a factual question (given that they were man-made and hidden). Addressing the likelihood of injury, plaintiff argues that the trial court should have found that this factor—the likelihood of injury from dangerous currents “beneath” the surface and caused by the man-made dam—was at least moderate. As to the reasonable foreseeability factor, plaintiff
argues that he pleaded that defendants knew of the dangers, that they caused, invited, and encouraged people to use the water, and that they knew that the dangers were not known to users. The magnitude of the burden of guarding against it, plaintiff argues, is small, requiring only proper signs and warnings.
¶ 26 Defendants respond that the risk at issue here is the risk of drowning. They argue that a property owner owes no legal duty to warn of or protect against the open and obvious risk of drowning in a body of water. They contend that Ward is distinguishable. There, the defendant allegedly owned the dam that created the underwater currents. Defendants argue that, here, plaintiff did not and cannot direct such allegations against them. They further assert that in both Ward and Jackson the defendants owned the bodies of water as well as the instrumentalities that created the allegedly dangerous conditions within those bodies of water. In Ward, the defendant owned the slough and the dam in the area where the decedents drowned. In Jackson, the defendant owned the commercial public bathing beach, as well as the submerged plastic pipe that the plaintiff collided with and claimed was an invisible, subsurface danger. Defendants contend that the risk in Jackson was not the risk of drowning but the danger of colliding with a hidden, submerged object and that, for this reason, the supreme court rejected the open-and-obvious defense. Jackson, 185 Ill. 2d at 426; cf. Bezanis, 2012 IL App (2d) 100948, ¶ 24 (risk was of diving into shallow water, which is an inherent characteristic of water; danger was not one that stemmed from the defendant‘s conduct).
¶ 27 As to the foregoing case law, we agree with defendants that this case is more like Lerma than Ward (again, assuming, without deciding, that defendants exercised any control over the river and/or dam). Here, decedent, like the decedents in Lerma, drowned downstream from a dam while attempting to rescue a child. The Lerma plaintiffs had alleged that unseen hazards in the river (undercurrents and/or debris) caused the deaths and that the defendant contractor, which controlled the premises, had caused the undercurrents. In affirming the
¶ 28 In Ward, in assessing the first factor, the likelihood of injury, the court determined that it was at least moderate because the currents were hidden. Id. at 261. In assessing the second factor, the court concluded that it was very high because, according to the complaint, the defendant knew of the dangerous condition and that it was not apparent and further knew of six previous drownings. Id. at 261-62. Finally, the third and fourth factors, which assessed the burden on the defendant, were small (i.e., warning signs). Id. at 262. We believe that Ward is distinguishable because the defendant in that case allegedly created the dangerous underwater currents and owned the dam. Neither one of these allegations has been directed against defendants in this case. Indeed, the Ward court noted that “liability may attach for injuries caused by hazards in bodies of water where the hazard: (1) could not be detected; (2) was not an ‘inherent characteristic’ of bodies of water; and (3) stemmed solely from the defendant‘s conduct.” Id. at 263. Even assuming, without deciding, that defendants here exercised some
control over the river and/or dam, plaintiff has not alleged that the currents in the river were created by any defendant. Thus, the pleadings here fail the test in the case that plaintiff urges controls.
¶ 29 We agree with defendants that plaintiff failed to adequately plead that the danger here was anything other than open and obvious. However, as noted, the existence of an open and obvious danger is not a per se bar to finding that a landowner has a duty to exercise care. Jackson, 185 Ill. 2d at 425-26. We must still apply the traditional duty analysis. Id. at 425; Bezanis, 2012 IL App (2d) 100948, ¶ 26. Turning to the first factor in that analysis—the likelihood of injury—generally this is slight where a condition is open and obvious, because it is assumed that persons encountering the danger will appreciate and avoid the risk. Bucheleres, 171 Ill. 2d at 456. However, where a danger is concealed or latent, the likelihood of injury increases because persons will not be readily aware of such danger. Id. Here, as noted, the water and dam (including water rushing over the dam) are open and obvious conditions and, thus, the likelihood of injury is low. Plaintiff pleaded that the dam “created extremely dangerous and potentially deadly currents in the water at the downstream side of the dam.” Elsewhere, he referred to the “dangers of low head dams” and pleaded that children and adults did not know of the dangers of low head dams and that the water and the land near the water could not be used safely. However, nowhere in his second amended complaint did he plead that the dangers were not apparent from the surface or were concealed or latent. See Swett v. Village of Algonquin, 169 Ill. App. 3d 78, 82 (1988) (in assessing a dismissal under
¶ 30 The second factor—the foreseeability of harm to others—depends on the degree of obviousness of the risks. The test is an objective one: what the possessor may reasonably expect of the plaintiff. Id. at 456-57. Further, pursuant to LaFever, we also address the deliberate-encounter exception in assessing this factor. LaFever, 185 Ill. 2d at 396. Finally, the supreme court has noted that “simple foreseeability of injury is not, and has never been, dispositive on the issue of whether the law imposes a duty in negligence.” Bucheleres, 171 Ill.
2d at 457. We conclude that the foreseeability of harm to others is low here. Defendants could not have reasonably expected decedent to jump into the water near the dam, which presented the risks of drowning and diving into shallow water, which are “inherent characteristic[s] of bodies of water and *** danger[s] that defendants did not create.” Bezanis, 2012 IL App (2d) 100948, ¶ 24. Furthermore, although “it is always foreseeable that someone may attempt to rescue a person who has been placed in a dangerous position” (Williams v. Foster, 281 Ill. App. 3d 203, 207 (1996) (addressing the rescue doctrine and further noting that the rescuer might incur injuries in doing so and, if the defendant is negligent toward the rescuee, he or she is also negligent toward the rescuer)), there is generally no legal duty to rescue (see, e.g., Simpkins v. CSX Transportation, Inc., 2012 IL 110662, ¶ 19 (individuals do not owe an affirmative duty to protect or rescue a stranger)) and, thus, no legal compulsion. (And there was clearly no economic compulsion here.) Thus, the deliberate-encounter exception, which, again, requires the presence of compulsion or impetus (Sollami, 201 Ill. 2d at 16-17), does not apply. In sum, we disagree with plaintiff that it is highly (or even moderately) foreseeable that a reasonable person in decedent‘s position would conclude that the advantages of jumping into the water, despite its open and obvious inherent dangers, to save another person‘s life would outweigh the risk of drowning himself (or sustaining injuries that subsequently took his life), where there was no compulsion to do so.
¶ 31 As to the third factor—the magnitude of the burden of imposing the duty—and the fourth factor—the consequences of such burden—it has been held that the cost of fencing off a seawall or enforcing a diving prohibition with increased personnel and warnings was too considerable a burden, where a park district was aware that
¶ 32 Therefore, we conclude, based on our consideration of the aforementioned factors, that the trial court did not err in finding that defendants owed decedent no duty. Assuming that all of plaintiff‘s well-pleaded facts are true, his complaint failed to state a cause of action for negligence because he failed to allege facts to establish that defendants owed decedent a duty to warn of or protect against the risks presented by the river and dam.
¶ 33 Although the parties also address in their briefs several provisions of the Tort Immunity Act, we do not reach the issues, because we conclude that defendants owed decedent no duty. The existence of a duty and the application of immunity are separate issues. Romine v. Village of Irving, 336 Ill. App. 3d 624, 627 (2003). The Tort Immunity Act does not impose new duties on municipalities; rather, it restates and codifies common-law principles. Mostafa v. City of Hickory Hills, 287 Ill. App. 3d 160, 168 (1997). The distinction between a duty and immunity is critical “because only if a duty is found is the issue of whether an immunity or defense is available to the governmental entity considered.” Zimmerman v. Village of Skokie, 183 Ill. 2d 30, 46 (1998). Where the defendants owe no duty, we need not reach the immunity issue. Vega v. Northeast Illinois Regional Commuter R.R. Corp., 371 Ill. App. 3d 572, 582 (2007). Accordingly, we affirm the dismissal of plaintiff‘s complaint.
III. CONCLUSION
¶ 34 For the foregoing reasons, the judgment of the circuit court of Kane County is affirmed.
¶ 35 Affirmed.