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McCUEN v. PEORIA PARK DIST.

No. 3-92-0229.

615 N.E.2d 764 (1993)

245 Ill. App.3d 694

185 Ill.Dec. 894

Cindy McCUEN, Individually and as Mother and Next Best Friend of Jennifer McCuen, Daniel McCuen and Jason McCuen, Minors; Linda J. Martzluf, Individually and as Mother and Next Best Friend of Britany Martzluf and Cody Martzluf, Minors; Clariann E. Nicklin, Individually and as Mother and Next Best Friend of Megan Nicklin, a Minor; Catherine M. Sharum, Individually and as Mother and Next Best Friend of Kelly Sharum, Catherine Sharum and Justin Sharum, Minors; Phyllis Mozingo; and Evelyn A. Riedel, Plaintiffs-Appellees, v. The PEORIA PARK DISTRICT, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied July 13, 1993.

Attorney(s) appearing for the Case

Charles D. Knell, argued and David B. Collins, Quinn, Johnston, Henderson & Pretorius, Peoria, for Peoria Park Dist.

Mark E. Wertz, argued, Janssen, Maher, Wertz & Miller, Peoria, for Cindy, Jennifer, Daniel, and Jason McCuen, Linda J., Britany, and Cody Martzluf, Clariann E., and Megan Nicklin, Catherine M., Kelly, Catherine, and Justin Sharum, Phyllis Mozingo and Evelyn A. Riedel.

Justice SLATER delivered the opinion of the court:

Defendant Peoria Park District brings this appeal pursuant to Supreme Court Rule 308(a) (134 Ill.2d R. 308(a)) for resolution of the following questions certified by the circuit court of Peoria County:

1) "Is a local governmental entity immune from liability for negligent acts arising from a hayrack ride pulled by two mules which it operates on its own property...

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