Goodwin v. Carbondale Park District

Plaintiff, Lynn Goodwin, was injured when the bicycle he was riding collided with a tree that had fallen across the Greenway Bike-path, a paved bike path winding through a city park; the path is controlled and maintained by the defendant, Carbondale Park District (Park District). Plaintiff filed a two-count complaint against the Park District: count I sounded in ordinary negligence, and count II contained the same allegations but sounded in willful and wanton negligence. On the motion of defendant, the circuit court of Jackson County dismissed both counts of the complaint, finding that…