Fraley v. City of Elgin

Plaintiff, Janet Fraley, as personal representative of the estate of decedent, John Thomas, appeals from an order of the circuit court of Kane County dismissing her amended complaint against defendants, City of Elgin, Robert Baird, Frederick Paul Lugar and Sergeant Kelly, wherein she alleged negligence and wilful and wanton conduct. Plaintiff’s sole contention on appeal is that the trial court erred in dismissing her complaint because it failed to recognize the “special duty” exception to governmental tort immunity under the circumstances of her case.

In January 1989, plaintiff filed a…