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Ramos v. City of Countryside

OPINION FILED OCTOBER 28, 1985.

ALFONSO RAMOS, JR., A MINOR, BY MARIA RAMOS, HIS MOTHER AND NEXT FRIEND, PLAINTIFF-APPELLANT,

v.

THE CITY OF COUNTRYSIDE ET AL., DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Cook County; the Hon. Myron T. Gomberg, Judge, presiding.

JUSTICE QUINLAN DELIVERED THE OPINION OF THE COURT:

Plaintiff, Alfonso Ramos, Jr., through his mother and next friend, Maria Ramos, filed a four-count amended complaint against defendants, Steven Best and the city of Countryside, seeking $15,000 in damages. Plaintiff alleges that he was injured in a game of "bombardment" when a "softball" thrown by Steven Best struck plaintiff in the eye. The trial court dismissed count II directed against Steven Best sounding in negligence, and counts I and IV directed at the city of Countryside sounding in negligence and wilful and wanton misconduct respectively. Plaintiff appeals contending the stricken counts properly allege causes of action against the respective defendants.

We affirm.

In adjudicating the propriety of the instant dismissals, we must accept all properly pleaded facts in plaintiff's complaint. (Knox College v. Celotex Corp. (1981), 88 Ill.2d 407, 426, 430 N.E.2d 976.) However, we do not defer to unsupported conclusions of law found in the complaint. Knox College v. Celotex Corp. (1981), 88 Ill.2d 407, 426, 430 N.E.2d 976.

According to plaintiff's complaint, in 1981 the city of Countryside sponsored and organized a summer recreation program for elementary aged children which was held on public property. The participants were charged a registration fee. Plaintiff and Steven Best, who were eight and 14 years old respectively, were participants in the program. The game of "bombardment" in which plaintiff was injured was an activity in the program.

Counts II and III directed at Steven Best alleged that he:

"a. Threw said ball so that it struck plaintiff in his left eye;

b. Failed to warn plaintiff before throwing said ball;

c. Threw said ball with excessive force."

Count II alleged negligence and was dismissed by the trial court. Count III alleged wilful and wanton misconduct and is still pending in the trial court.

Counts I and IV were directed at the city of Countryside and alleged that the municipality:

"a. Allowed and permitted children, regardless of the disparity of their age, strength and size, to participate together in said game;

b. That by the very nature of said game, considering the aforesaid disparities, created a condition which was inherently dangerous and hazardous ...


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