Corbett v. The County of Lake

Illinois Supreme Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2017 IL 121536
Decision Date: 
Thursday, November 30, 2017
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Appellate court affirmed; circuit court reversed; remanded.
Justice: 
BURKE

Section 3-107(b) of Tort Immunity Act was intended to apply only to primitive or rustic trails, including any designated hiking, riding, fishing, or hunting trail that retains its original, natural surface and is not improved with asphalt, concrete, crushed aggregate, or similar finishes and is not intended for ordinary "on-road" type bicycles. The Skokie Valley Bike Path is a 10-mile-long, shared-use path, paved with asphalt and held out for use of bicycles, pedestrians, and in-line skates; it is not a "trail" within the meaning of the Act. Thus, Section 3-107(b) of Tort Immunity Act does not apply, and circuit court erred in entering summary judgment in favor of City.(KARMEIER, FREEMAN, THOMAS, KILBRIDE, GARMAN, and THEIS, concurring.)