Legal Opinion

Burlingame v. Chicago Park District

Appellate Court of Illinois

Decided December 23, 1997No. 1-96-1527PublishedCited by 2 opinions

1Opinion of the Court

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, sued the park district for willful and wanton misconduct which caused Nancy’s injuries and Robert’s loss of consortium.

In response to…

2Cases cited9 opinions

Loyola Academy v. S & S Roof Maintenance, Inc.Illinois Supreme Court · 1992
Ziarko v. Soo Line RailroadIllinois Supreme Court · 1994
Ozuk v. River Grove Board of EducationAppellate Court of Illinois · 1996
Repinski v. Jubilee Oil Co.Appellate Court of Illinois · 1980
Ward v. Community Unit School District No. 220Appellate Court of Illinois · 1993

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3Cited by2 opinions

Joshua Cacia, a Minor, by and Through His Mother and Next Friend, Paula Randolph and Joseph C. Jerrick v. Norfolk & Western Railway CompanyCourt of Appeals for the Seventh Circuit · 2002
In re Estate of StewartAppellate Court of Illinois · 2016