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BELTON v. FOREST PRESERVE DIST.

No. 1-09-3126.

943 N.E.2d 221 (2011)

Darryl L. BELTON, Plaintiff-Appellant, v. FOREST PRESERVE DISTRICT OF COOK COUNTY, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied March 8, 2011.

Attorney(s) appearing for the Case

William J. Sneckenberg , Emilie G. Kaplan , Sneckenberg, Thompson & Brody, LLP, Chicago, Matthew L. McBride , for Plaintiff-Appellant.

Mark L. LeFevour , Leahy, Eisenberg & Fraenkel, Ltd., Robert L. Baker , Chicago, for Defendant-Appellee.

OPINION

Justice McBRIDE delivered the judgment of the court, with opinion.

A dead tree limb fell from a public forest preserve onto a car traveling on an adjacent road. The motorist filed a negligence action, but the trial court entered summary judgment for the forest preserve (735 ILCS 5/2-1005 (West 2004)), on grounds that it did not owe the motorist a duty of care to maintain its property. The motorist appeals.

Plaintiff Darryl L. Belton,

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