DiBenedetto v. Flora Tp.

Plaintiff, Sandra L. DiBenedetto, as special administrator of the estate of Scott A. DiBenedetto, deceased, appeals from an order of the circuit court of Boone County which dismissed with prejudice her complaint against defendant, Flora Township. The issue raised on appeal is whether the trial court erred in dismissing plaintiff’s amended complaint for failure to state a cause of action in accordance with section 2 — 615 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 615).

On January 12, 1990, plaintiff filed her amended complaint containing the following…