SMITH v. CHICAGO PARK DIST.

No. 1-92-4442.

646 N.E.2d 1330 (1995)

269 Ill.App.3d 812

207 Ill.Dec. 243

David SMITH, Plaintiff-Appellant, v. CHICAGO PARK DISTRICT, an Illinois Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

February 8, 1995.


Attorney(s) appearing for the Case

Stotis & Baird, Chicago (Peter Coules, of counsel), for appellant.

Nelson A. Brown Jr., Sr. Asst. Atty. Gen, Chicago, for appellee.


Justice RIZZI delivered the opinion of the court:

Plaintiff, David Smith, filed an action against defendant, the Chicago Park District, to recover damages for injuries he sustained when he dove into Lake Michigan and struck his head on a submerged object. Defendant filed a motion for summary judgment which was granted, and plaintiff has appealed. We reverse and remand.

There are three issues presented: (1) whether the trial court erred in striking the two...

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