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Illinois Supreme Court Holds: No Absolute Immunity for “Shared-Use” Paths

Last month, the Illinois Supreme Court handed down two opinions which effectively extinguished absolute immunity under section 3-107 of the Local Government and Governmental Employees Tort Immunity Act (the “Act”), 745 ILCS 10/1 et seq., for injuries occurring on “shared-use” paths operated by public bodies.  These opinions clarify that public bodies can rely only on the limited immunity provided under section 3-106 of the Act.  Going forward, local governments must be cognizant of the fact that section 3-106 creates an exception for “willful and wanton” conduct, and that they may be subject to liability for “utter indifference” or “conscious disregard” for safety in maintaining shared-use paths.

Click here for a more detailed summary of the Court’s decisions.

Should you have any questions regarding these rulings and how they affect your organization, or require assistance with a local government legal issue, please contact Mark J. Kimzey at [email protected] or 312-506-4461.