APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
511 N.E.2d 854, 158 Ill. App. 3d 226, 110 Ill. Dec. 677 1987.IL.1050
Appeal from the Circuit Court of Du Page County; the Hon. John J. Nelligan, Judge, presiding.
PRESIDING JUSTICE NASH delivered the opinion of the court. DUNN and REINHARD, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE NASH
Plaintiff, Gertrude Koh, appeals from the dismissal of her complaint against defendant village of Woodridge in which she sought recovery of damages for injuries sustained when struck by a golf ball while on a public golf course owned and operated by the village. The trial court determined that the village was immune from liability by virtue of section 3-108(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. Stat. 1981, ch. 85, par. 3-108(a)) in granting defendant's motion to dismiss counts I and II of the complaint. The court made the requisite findings under Supreme Court Rule 304(a) (87 Ill. 2d R. 304(a)) as to these counts, and count III, brought against defendant William Uhm, who was alleged to have
Plaintiff contends that section 3-108(a) of the Tort Immunity Act is not applicable to the allegations of the complaint under either count I charging negligence or count II charging wilful and wanton conduct on the part of the defendant village. Plaintiff also asserts that the immunities offered by section 3-108 of the Act were waived by this defendant by its participation in a joint self-insurance program under the Intergovernmental Risk Management Agency by virtue of section 9-103 of the Tort Immunity Act. Ill. Rev. Stat. 1981, ch. 85, par. 9-103.
In count I of the complaint plaintiff alleged she was a participant in a golf tournament on defendant's course at which there were large crowds of other participants and spectators; that defendant's employees managed the crowds so as to confine them to certain areas and directed the conduct of the tournament, acting as starters for the first tee; that plaintiff was a member of a foursome waiting by the first tee when she was struck by a golf ball hit by a participant in the tournament.
In paragraph 14 of count I plaintiff alleged the defendant village was negligent in that it:
"a. Ownedoperated, managed, maintained, and controlled the aforesaid premises in such a manner as to be the proximate cause of injury to the plaintiff;
b. Failed to establish procedures to keep participants in a safe area during tournament play;
c. Permitted a larger capacity crowd of participants and spectators upon the VILLAGE GREENS GOLF COURSE than could be accommodated outside the area of play;
d. Directed and permitted participants and/or spectators to stand upon the VILLAGE GREENS GOLF COURSE during period of play where errant golf balls could ...