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McCUEN v. PEORIA PARK DIST.

No. 75976.

643 N.E.2d 778 (1994)

163 Ill.2d 125

205 Ill.Dec. 487

Cindy McCUEN et al., Appellees, v. The PEORIA PARK DISTRICT, Appellant.

Supreme Court of Illinois.

Rehearing Denied December 5, 1994.

Attorney(s) appearing for the Case

Judge & James, Ltd., of Park Ridge (Jay S. Judge, Kristine A. Karlin, Peter T. Sinnott, Charles D. Knell and David B. Collins, of counsel), and Quinn, Johnston, Henderson & Pretorius, Chrtd., Peoria, for appellant.

Mark E. Wertz, of the Law Office of Jay H. Janssen, Peoria, for appellees.

Justice MILLER delivered the opinion of the court:

On July 4, 1989, Jennifer McCuen, one of the plaintiffs in this matter, was celebrating her birthday at W.H. Sommer Park in Peoria, Illinois. The park was owned and operated by defendant, Peoria Park District. As part of a "country birthday party," Jennifer and some of her friends planned to take a mule-drawn hayrack ride. A park district employee instructed the members of the birthday party to climb onto the hayrack...

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