Foust v. The Forest Preserve District of Cook County

Plaintiff's decedent was killed when she was struck by a tree limb while bicycling on a paved bicycle path in Defendant Forest Preserve District. The tree from which the limb that struck decedent fell was located on property intended or permitted to be used for recreational purposes and Defendant is thus immune from liability for negligence per Section 3-106 of Tort Immunity Act. The tree from which the limb that struck the decedent fell was not a condition of a riding trail for purposes of Section 3-107(b) of Tort Immunity Act, and Defendant is thus not immune from liability for decedent's death under that Section. (HALL and REYES, concurring.)