Opinion

Blankenship v. Peoria Park District

  • 269 Ill. App. 3d 416
Court
Appellate Court of Illinois
Filed
Sep 23, 1994
Status
Published
Author
Breslin
On the bench
Breslin, Slater
Cited by
43 cases

noting that “a legal duty is normally not established through rules * * * or internal guidelines”

How later courts described this case

  • noting that “a legal duty is normally not established through rules * * * or internal guidelines”
  • holding a park district's internal policies requiring a lifeguard to be on duty at all times did not create a legal duty to have one on duty at all times
  • rejecting the plaintiffs argument that a legal duty arose from the defendant’s internal rules requiring that at least one lifeguard remain on duty during the adult swim period
  • rejecting plaintiffs argument that the defendant’s internal rules requiring one lifeguard to remain on duty at all times created a legal duty to have one lifeguard on duty

Written by the judges who cited it.

The opinion

JUSTICE BRESLIN, dissenting in part:

In my view, the Park District provided supervision within the meaning of section 3 — 108(b) of the Tort Immunity Act when it employed lifeguards who were on duty during the hours the pool was open. Therefore, I would hold that the Park District is immune to the plaintiff’s suit and I would affirm the trial court’s dismissal of the plaintiffs claim.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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