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12/15/88 John Majewski, v. the Chicago Park District

December 15, 1988

JOHN MAJEWSKI, PLAINTIFF-APPELLANT

v.

THE CHICAGO PARK DISTRICT, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

532 N.E.2d 409, 177 Ill. App. 3d 337, 126 Ill. Dec. 724 1988.IL.1808

Appeal from the Circuit Court of Cook County; the Hon. Thomas E. Hoffman, Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. JIGANTI, P.J., and JOHNSON, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Plaintiff, John Majewski, brought an action in the circuit court of Cook County against defendant, the Chicago Park District. Plaintiff sought damages for injuries that he sustained in falling on broken glass while playing touch football on a field that defendant owns. The trial court dismissed plaintiff's third amended complaint, ruling that it failed to state a cause of action. Plaintiff appeals, contending that the trial court erred in dismissing the complaint.

We affirm the order of the trial court.

Background

In determining whether to allow a motion to dismiss, a court must take all well-pled allegations of fact contained in the complaint as true and construe all reasonable inferences therefrom in the plaintiff's favor. (Cook v. Askew (1975), 34 Ill. App. 3d 1055, 1057, 341 N.E.2d 13, 15.) Plaintiff alleged that defendant owns and operates Kilbourn Park, located at 3400 North Kilbourn Avenue, in Chicago, Illinois. At the park, defendant maintains a football field. On April 24, 1986, plaintiff was playing touch football on the field. During the game, he fell on broken glass lying on the field, sustaining injuries to his right wrist.

Plaintiff alleged that defendant maintained a groundskeeping staff and other employees to periodically remove debris and cut the grass in Kilbourn Park, including the football field. Additionally, defendant's employees had removed glass from the football field on past occasions. Thus, defendant knew or should have known that broken glass was occasionally found on the field. Plaintiff further alleged that defendant committed the following willful and wanton acts or omissions:

"a. Failed to post signs around said football field warning of the possible presence of broken glass upon said field when said Defendant knew, as aforesaid, of said possibility and should have known of the possibility of serious injury from falling thereon in a location where falling to the ground was to be expected; -- or, alternatively

b. Failed to perform its required inspections of and litter removal from the said football field when it knew of the likelihood of the periodic presence of glass upon said field and should have known of the possibility of serious injury from falling thereon in a location where falling to the ground was to be expected.", Plaintiff alleged that these willful and wanton acts or omissions proximately caused his injuries. He sought in excess of $15,000 in damages.

Plaintiff filed his original complaint on March 13, 1987. The complaint was eventually dismissed, as were two subsequent amended complaints. He filed his third amended complaint on November 5, 1987. On December 17, 1987, the trial court granted defendant's ...


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