Harinek v. City of Chicago

Gail Harinek (plaintiff) appeals the trial court’s dismissal of her second amended complaint, which states claims of negligence (count II) and wilful and wanton conduct (count III) against the City of Chicago (defendant or the City) for acts that occurred during a fire drill conducted by the City’s fire department (the Department). The trial court’s order of dismissal, entered pursuant to section 2—619 of the Code of Civil Procedure (735 ILCS 5/2—619 (West 1992)), held that the City was immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (the Act)…