Monson v. The City of Danville

This case presents question as to whether trial court properly granted defendant-city’s motion for summary judgment in plaintiff’s action seeking recovery for injuries sustained as result of her fall on defendant’s sidewalk, where basis of trial court’s ruling was finding that defendant was immune from plaintiff’s lawsuit under section 2-109 of Local Governmental and Governmental Employees Tort Immunity Act. Appellate Court, in affirming trial court, found that although defendant was aware of specific sidewalk in question, defendant was entitled to immunity under section 2-109, since defendant’s official used his discretion in determining which portions of sidewalks were in need of repair and which portions of sidewalks were not in need of repair. Ct. further noted that defendant would have retained immunity under 2-109 even if city official had inspected specific defect in sidewalk at issue in instant case and exercised discretion to do nothing, even if official’s determination could later be viewed as negligent.