BUCHELERES v. CHICAGO PARK DIST.

Nos. 78760, 78790.

665 N.E.2d 826 (1996)

171 Ill.2d 435

Michael BUCHELERES et al., Appellees, v. The CHICAGO PARK DISTRICT, Appellant. David SMITH, Appellee, v. The CHICAGO PARK DISTRICT, Appellant.

Supreme Court of Illinois.

April 18, 1996.


Attorney(s) appearing for the Case

James D. Wascher, of Friedman & Holtz, P.C., Chicago, for appellant in No. 78760.

John Bernard Cashion, Chicago, for appellees in No. 78760.

Nelson A. Brown, Jr., Chicago, for appellant in No. 78790.

Edward J. Manzke, of Stotis & Baird, Chicago, for appellee in No. 78790.

Julie L. Trester, Michael Resis and Glen E. Amundsen, of Querrey & Harrow, Ltd., Chicago, for amicus curiae Illinois Association of Defense Trial Counsel in Nos. 78760 and 78790.

Steven J. Kleinman, of Wheaton, and Jay S. Judge, of Judge & James, Ltd., Park Ridge, for amici curiae Illinois Association of School Boards et al. in Nos. 78760, 78790.

John G. Phillips and Bruce Robert Pfaff, Chicago, for amicus curiae Illinois Trial Lawyers Association in Nos. 78760, 78790.


Justice McMORROW delivered the opinion of the court:

These consolidated appeals present the issue of whether defendant, the Chicago Park District (Park District), had a duty to warn against or protect plaintiffs from the risks associated with diving off concrete seawalls into Lake Michigan. In both cases, the circuit court of Cook County granted the Park District summary judgment on the basis that it did not have a duty...

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