National Bank of Bloomington v. City of Lexington

Plaintiff appeals from the order of the circuit court granting summary judgment to the defendant, city of Lexington, in an action for the wrongful death of John Homan. The trial court entered a finding pursuant to Supreme Court Rule 304(a) (103 Ill. 2d R. 304(a)). The action pends in the trial court as to another defendant.

The cause of action upon appeal alleges that the city was engaged in an “intrinsically” dangerous or ultrahazardous activity when it procured an independent contractor, Charles Lowery, to take down a tree situated on city property. A second count against the city alleging…