Corbett v. The County of Lake

Plaintiff was seriously injured while bicycling on Old Skokie Bike Path. By agreement with County, City was responsible for routine maintenance of the path, including repairing the pavement. Prior to date of accident, Defendants were on notice that weeds and vegetation were growing through asphalt, making parts of path broken, bumpy, and elevated. Bicycle path in the midst of an easily accessible developed area is not in a natural state as there is industrial and residential development all around the path. Thus, this bike path is not a riding trail, and thus absolute immunity of Section 3-107(b) of Tort Immunity Act is inapplicable. (HUTCHINSON and BURKE, concurring.)