AARON T. OLIN, a minor, and DAVID A. and KIMBERLY OLIN, his parents, Claimants, v. THE STATE OF ILLINOIS, Respondent.
Case summary
An 11-year-old child fell from a hand trolley device at Argyle Lake State Park. The court denied the State's motion to dismiss, finding that whether the child could appreciate the risk and whether the State's conduct was willful and wanton were questions of fact. The parties later settled for $25,000, and the court approved the settlement and awarded that amount.
Statutes cited: 745 ILCS 65/1; 745 ILCS 65/3; 745 ILCS 65/6
Cases cited: Cozzi v. North Palos Elementary School District (1992), 597 N.E.2d 685
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- STATUTES-Recreational Use of Land and Waters Act-premises liability. Under the Recreational Use of Land and Waters Act, an owner of land owes no duty of care to keep the premises safe for entry or use by any person for recreational or conservation purposes; however, the Act does not limit liability which otherwise exists for willful and wanton failure to guard or warn against a dangerous condition, use, structure, or activity.
- TORTS-willful and wanton conduct-children. Willful and wanton conduct can only be found once there is a finding of a duty owed, and whether such a duty exists toward a child with respect to playground equipment depends upon whether the child could appreciate the risk involved in the particular playground apparatus.
- SAME-child injured in fall from hand trolley device-question of fact existed on issue of willful and wanton conduct-State’s motion to dismiss denied. The State’s motion to dismiss was denied, and the Claimants, a minor child and his parents, were granted leave to file their amended complaint in their claim based on injuries received by the child in a fall from a hand trolley device, since a question of fact existed as to whether the State’s conduct with respect to the unusual device was willful and wanton.
- STIPULATIONS-child injured at State park-award entered pursuant to parties’ stipulated settlement. Pursuant to the parties’ joint stipulation of dismissal and settlement, an award was entered in a claim filed by parents and their minor child for injuries sustained by the child in a fall from a trolley device at a State park, and the claim was dismissed with prejudice.
ORDER
SOMMER, C.J. This cause comes to be heard on the Respondent’s first motion to dismiss, the motion of the Claimant to file a first amended complaint, and the Respondent’s second motion to dismiss directed toward the first amended complaint, the parties having argued this matter in oral argument before the Court on February 18, 1993, and this Court being fully advised, finds: 1. That the injured party, an 11-year-old child, fell from a hand trolley device erected in Argyle Lake State Park by State employees. 2. That the statute addressing the situation is the Recreational Use of Land and Waters Act, 745 ILCS section 65/1, formerly Ill. Rev. Stat. ch. 70, section 331. 3. That section 65/3 of said Act states “Except as specifically recognized or provided in section 6 of this Act, an owner of land owes no duty of [*368] 3. care to keep the premises safe for entry or use by any person for recreational or conservation purposes * * *.” 4. That section 65/6 of said Act states in part as follows: “Nothing in this Act limits in any way any liability which otherwise exists: 4. (a) For willful and wanton failure to guard or warn against a dangerous condition, use, structure, or activity.” 5. That in the case of Cozzi v. North Palos Elementary School District (1992), 597 N.E.2d 685, the First District Appellate Court held that willful and wanton conduct can only be established once there is a finding of a duty. 6. That in Cozzi, the Court determined that whether there was a duty depended upon whether a child could appreciate the risk involved in the particular playground apparatus. 7. That if there is a finding of a duty owed the injured party, there must be an additional finding that the conduct of the State, through its agents, was willful and wanton. 8. That the trolley device was unique and not a normal piece of playground equipment. 9. That whether an 11-year-old child could appreciate the risk is a question of fact concerning the device. 10. That whether the State’s conduct was willful and wanton is a question not necessarily of intentional harm but can be one of reckless disregard of substantial danger or consequences; and such, though a difficult standard to meet, is a question of fact.
[*369] 11. That the Claimant has stated such facts concerning prior injuries, that it may be possible for the Claimant to prove willful and wanton conduct.
It is therefore, ordered that the Respondent’s motions to dismiss are denied and the Claimant’s motion for leave to file the amended complaint is granted; and the amended complaint is deemed filed.
ORDER
SOMMER, C.J. This cause coming to be heard on the parties joint stipulation of dismissal and settlement therein, due notice having been given, and this Court being fully advised, finds that the parties having agreed to settle this claim for personal injuries for $25,000, and that this Court desiring to encourage the amicable settlement of disputes, does hereby order that the proposed joint stipulation of dismissal is approved; and that the Claimants are awarded $25,000 in full and complete satisfaction of this claim; and that this claim is dismissed with prejudice.