Munizza v. City of Chicago

PRESIDING JUSTICE MANNING

delivered the opinion of the court:

The primary issue raised in the consolidated appeal is whether the trial court erred in dismissing plaintiffs’ complaints pursuant to section 2 — 619 of the Illinois Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 619) on the ground that sections 2 — 104 and 2— 206 of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1987, ch. 85, pars. 2—104, 2 — 206) (hereinafter Act or Tort Immunity Act) provided defendants with immunity.

A trial court should dismiss a cause of action only if it…