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GOODWIN v. CARBONDALE PARK DIST.

No. 5-92-0748.

644 N.E.2d 512 (1994)

268 Ill. App.3d 489

205 Ill.Dec. 956

Lynn GOODWIN, Plaintiff-Appellant, v. CARBONDALE PARK DISTRICT, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

December 30, 1994.

Attorney(s) appearing for the Case

Gene A. Turk, Jr., Womick & Associates, Chartered, Carbondale, for appellant.

Michael F. Dahlen, Gary B. Nelson, Feirich/Schoen/Mager/Green, Carbondale, for appellee.

Justice WELCH delivered the opinion of the court:

Plaintiff, Lynn Goodwin, was injured when the bicycle he was riding collided with a tree that had fallen across the Greenway Bikepath, a paved bike path winding through a city park; the path is controlled and maintained by the defendant, Carbondale Park District. Plaintiff filed a two-count complaint against the Park District: count I sounded in ordinary negligence, and count II contained the same allegations but sounded...

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