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06/08/88 Christopher Thornburg, A v. Crystal Lake Park District

June 8, 1988

MOTHER AND NEXT FRIEND, PLAINTIFF-APPELLANT

v.

CRYSTAL LAKE PARK DISTRICT, DEFENDANT-APPELLEE (JENNIFER JACOBSON, A MINOR, AND RONALD JACOBSON, AS HER FATHER AND NEXT FRIEND, ET AL., DEFENDANTS)



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

CHRISTOPHER THORNBURG, a Minor by Cynthia Thornburg, his

525 N.E.2d 191, 171 Ill. App. 3d 329, 121 Ill. Dec. 385 1988.IL.903

Appeal from the Circuit Court of McHenry County; the Hon. Roland A. Herrmann, Judge, presiding.

APPELLATE Judges:

JUSTICE UNVERZAGT delivered the opinion of the court. DUNN and NASH, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE UNVERZAGT

The plaintiff, Christopher Thornburg, appeals from an order of the trial court which dismissed his complaint against the defendant, the Crystal Lake Park District. On appeal, plaintiff contends that the trial court erroneously dismissed his complaint because he stated a valid cause of action in negligence. We affirm.

On September 20, 1985, plaintiff filed a two-count complaint sounding in negligence against Jennifer Jacobson, Jennifer's father, McHenry County, the Village of Crystal Lake, and defendant. Count I alleged that Jennifer negligently struck plaintiff with a hockey stick causing him to be seriously injured. Count I is not at issue in this appeal. Count II alleged that McHenry County, the Village of Crystal Lake, and defendant were responsible for maintaining, operating, and supervising the Crystal Lake Main Beach. Count II further alleged that due to the negligent supervision of the county, village, and defendant, plaintiff suffered serious injuries when Jennifer struck him with a hockey stick. Defendant waived its immunity from suit because it purchased liability insurance.

The trial court granted motions for summary judgment in favor of the village and county. On October 25, 1985, defendant filed a motion to dismiss plaintiff's complaint asserting that it had no duty to protect plaintiff from the criminal acts of a third party. In granting defendant's motion to dismiss, the trial court stated, inter alia :

"The plaintiff in this case has stated mere Conclusions and failed to establish sufficient facts in it's pleadings to show that the Crystal Lake Park District owed a duty to the plaintiff.", Plaintiff was allowed to file an amended complaint. In the relevant part, count II of plaintiff's amended complaint stated:

"1. That on February 17, 1985, THORNBURG was conducting himself peacefully and lawfully at or near that area known as Crystal Lake Main Beach in Crystal Lake, McHenry County, Illinois.

2. That THORNBURG was at that time and place using the Crystal Lake Main Beach as a resident of Crystal Lake, and upon the express invitation of the Crystal Lake Park District.

3. That said Crystal Lake Main Beach was, on the date aforementioned, maintained, operated, supervised, and controlled by the Crystal Lake Park District (the PARK DISTRICT).

4. That the defendant, PARK DISTRICT, advertised to THORNBURG and other members of the general public that on the date aforementioned a certain structure located at Crystal Lake Main Beach would be open and available to members of the ...


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