Robinson v. Washington Township

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (3d) 110177
Decision Date: 
August 29, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
LYTTON
Holding: 
Reversed and remanded.
Plaintiff sued Defendant Township for minor’s injuries from auto accident when driver of car in which he was passenger hit a pothole, ran over road construction debris and lost control of vehicle which then rolled over. Township is not immune under Tort Immunity Act as activities of repairing roadway were ministerial in nature; discretionary immunity does not extend to Township’s implementation of its plan of maintenance and repair, as it was required to complete repairs in a reasonably safe manner. (McDADE, concurring; HOLDRIDGE, dissenting.)