Court splits on street as recreational property

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 17, 2020 11:42 AM

With one justice dissenting in an appeal about whether a portion of Fox River Street in Plainfield qualified as “recreational” property under Section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act when it was temporarily closed for Plainfield Fest in July 2016, the Illinois Appellate Court reversed an order that granted the village’s request for summary judgment in a negligence case where Stacy Donath alleged she tripped because of a sunken sewer grate when leaving an evening concert. Donath v …

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