Richter v. College of Du Page

Illinois Appellate Court
Civil Court
Tort Immunity Act
Case Number: 
2013 IL App (2d) 130095
Decision Date: 
Friday, December 27, 2013
2d Dist.
Du Page Co.
Plaintiff sued college for injuries from fall on uneven sidewalk. College was entitled to discretionary immunity under Sections 2-109 and 2-201 as handling of sidewalk deviation was both exercise of discretion and a policy determination, as opposed to a ministerial act. Manager of buildings-and-grounds department of college exercised discretion in handling sidewalk deviation, as discretionary acts are those unique to a particular office and involve exercise of personal deliberation and judgment in deciding whether or how they should be performed. (McLAREN and HUTCHINSON, concurring.)