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10/02/89 Sheri L. Ramos, Mother and v. Waukegan Community Unit

October 2, 1989

RAMOS, A MINOR, PLAINTIFF-APPELLANT

v.

WAUKEGAN COMMUNITY UNIT SCHOOL DISTRICT NO. 60 ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

SHERI L. RAMOS, Mother and Next Friend of Jennifer Lynn

544 N.E.2d 1302, 188 Ill. App. 3d 1031, 136 Ill. Dec. 527 1989.IL.1588

Appeal from the Circuit Court of Lake County; the Hon. Bernard E. Drew, Jr., Judge, presiding.

APPELLATE Judges:

JUSTICE NASH delivered the opinion of the court. UNVERZAGT, P.J., and REINHARD, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE NASH

Plaintiff, Jennifer Lynn Ramos, by her mother and next friend, Sheri L. Ramos, filed a three-count complaint against defendants, Waukegan Community Unit School District No. 60 (the School District) and Donna Klaetsch, seeking to recover damages for injuries she sustained after tripping on a cracked sidewalk on the School District's property. The trial court dismissed count I of the complaint, directed against the School District, pursuant to section 2-619 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2-619) on the basis that defendant was immune from liability for ordinary negligence, as alleged therein, under section 24-24 of the School Code (Ill. Rev. Stat. 1987, ch. 122, par. 24-24) and section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act) (Ill. Rev. Stat. 1987, ch. 85, par. 3-106). The court also dismissed counts II and III of the amended complaint, finding that the facts alleged did not state a claim for willful and wanton misconduct. Plaintiff appeals, and we affirm.

Count I of the amended complaint alleged that defendant Klaetsch was employed as a teacher by the School District on the date of plaintiff's alleged injury; that the School District had a duty to exercise ordinary care in the construction and maintenance of its property; and that plaintiff, a 10-year-old elementary school child, was injured as a direct and proximate cause of the School District's negligence because it:

"a. Constructed a sidewalk on the grounds of the Clearview school which was cracked and uneven and in an unreasonably dangerous condition.

b. Allowed a sidewalk on the grounds of the Clearview school to become cracked and uneven causing an unreasonably dangerous condition.

c. Failed to repair a sidewalk on the grounds of the Clearview school which was cracked and uneven causing an unreasonably dangerous condition;

d. Failed to place warnings or other markings around the sidewalk which would alert Plaintiff and other children to the unreasonably dangerous condition which existed;

e. Failed to warn Plaintiff that the sidewalk on school grounds was cracked and uneven and in an unreasonably dangerous condition."

The trial Judge dismissed count I on finding that the School District was statutorily immune from ...


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