Lorenc v. Forest Preserve District

Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2016 IL App (3d) 150424
Decision Date: 
Friday, July 22, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
HOLDRIDGE

Wrongful death action filed on behalf of bicyclist killed after falling off bicycle in swerving to avoid volunteer "trail sentinel" who stepped into middle of road, waving his arms,during bicycling event sponsored by Forest Preserve District. Court properly dismissed 2nd amended complaint, as it failed to allege facts to support claim for willful and wanton misconduct, and claim is barred by Tort Immunity Act. Trail sentinel's tasks included notifying bicyclists of upcoming bridge and other changes in bike path, and he had discretion as to how to notify or otherwise provide assistance to cyclists, as a courtesy. (LYTTON and WRIGHT, concurring.)