McCuen v. Peoria Park District

In my opinion, my colleagues’ technical reading of the immunity granted by section 3 — 106 cannot withstand analysis. While it is true that most of the cases tested under section 3 — 106 involve unsafe or defective physical aspects of the public entity’s property itself (see e.g., Davis v. Chicago Housing Authority (1990), 136 Ill. 2d 296, 555 N.E.2d 343 (charging negligent maintenance and operation of playground); Jarvis v. Herrin City Park District (1972), 6 Ill. App. 3d 516, 285 N.E.2d 564 (charging failure to maintain, inspect and repair slide in park)), governmental immunity has…