# Blankenship v. Peoria Park District

> Appellate Court of Illinois · September 23, 1994 · 269 Ill. App. 3d 416

URL: https://www.frixlaw.com/law-library/cases/7026899

## Case

- **Full name:** WILLIAM BLANKENSHIP, Adm'r of the Estate of Sherill L. Blankenship v. THE PEORIA PARK DISTRICT
- **Court:** Appellate Court of Illinois
- **Decided:** September 23, 1994
- **Citations:** 269 Ill. App. 3d 416
- **Precedential status:** Published
- **Opinion:** Dissent by Breslin
- **Judges:** Breslin, Slater
- **Cited by:** 43 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7026899

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7026899. Public record. Not legal advice.