Pasierb v. Hanover Park Park District

Margaret M. Pasierb, administrator of the Estate of John Pasierb III, brought this action to recover damages for the wrongful death of her 7-year-old son by drowning in a creek on the property of defendant Hanover Park Park District. The trial court granted defendant’s motion to strike and dismiss the complaint, but gave plaintiff leave to file an amended complaint. Plaintiff elected to stand on her complaint, and appeals the order of dismissal. The sole issue is whether the complaint states a cause of action.

Plaintiff’s complaint recited that on December 20,1978, the deceased was in a park…