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BURLINGAME v. CHICAGO PARK DIST.

No. 1-96-1527.

689 N.E.2d 234 (1997)

293 Ill. App.3d 931

228 Ill.Dec. 362

Nancy BURLINGAME and Robert Burlingame, Plaintiffs-Appellants, v. CHICAGO PARK DISTRICT, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

Decided December 23, 1997.

Attorney(s) appearing for the Case

Michael W. Rathsack, Chicago (Nicholas J. Faklis, Jeffrey J. Tallis and Michael W. Rathsack, of counsel), for Plaintiffs-Appellants.

Nelson A. Brown, Jr., Chicago Park District, Senior Counsel, for Defendant-Appellee.

Presiding Justice McNULTY delivered the opinion of the court:

In this case the court once again confronts the issue of the distinction between negligence and willful and wanton misconduct. We agree with the trial court that the evidence here cannot support a finding of willful and wanton misconduct.

On April 19, 1991, Nancy Burlingame tripped and fell while walking on a broken sidewalk that the Chicago Park District owned. Nancy and her husband, Robert Burlingame...

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