Wright v. Waukegan Community Unit School Dist. 60

Trial court dismissed plaintiff’s personal injury case against a school district by finding that the defendant did not owe plaintiff a duty where the injury was caused by an open and obvious danger. The appellate court reversed, finding a genuine issue of material fact existed on the question of whether a roller gate posed an open and obvious danger to a reasonable child of plaintiff’s age. The appellate court also rejected defendant’s argument that it raised for the first time on appeal that it was entitled to summary judgment on the question of willful and wanton conduct. (McLAREN and JORGENSEN, concurring)