Benhart v. Rockford Park District

Plaintiffs, Mary Ann and Ray Benhart, appeal the circuit court’s dismissal of their second amended complaint seeking damages for injuries Mary Ann suffered while at a facility owned by defendant, Rockford Park District. Plaintiffs’ sole issue on appeal is whether the trial court erred in ruling that the first amended complaint failed to state a cause of action for willful and wanton conduct.

In count I of the first amended complaint, plaintiffs alleged that on June 18, 1988, Mary Ann paid an entrance fee and was admitted to the Magic Waters theme park and wave pool owned by defendant. Mary Ann…