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POUK v. VILLAGE OF ROMEOVILLE

No. 3-09-1008.

937 N.E.2d 800 (2010)

344 Ill.Dec. 777

Marie POUK, Individually and as Special Administratrix for the Estate of Christine Jane Jungkans, Deceased, Plaintiff-Appellant, v. The VILLAGE OF ROMEOVILLE, Defendant-Appellee (Gregory D. Gotches and Sybert Landscaping, Inc., Defendants).

Appellate Court of Illinois, Third District.

October 29, 2010.

Attorney(s) appearing for the Case

Michael W. Rathsack (argued), Attorney at Law, Chicago, Kathleen T. Zellner, Doughlas H. Johnson, Kathleen T. Zellner & Associates, P.C., Oak Brook, for Marie Pouk.

Michael D. Bersani (argued), Yordana Sawyer, Hervas, Condon & Bersani, P.C., Itasca, James D. Grumley, Bryan W. Kopman, Kavanagh Grumley & Gorbold, LLC, Joliet, Thomas P. Mangan, Schoen Mangan & Smith, Ltd., Chicago, for Gregory D. Gotches.

Justice LYTTON delivered the opinion of the court:

Plaintiff, Marie Pouk, filed a complaint against the Village of Romeoville, alleging willful and wanton conduct. The Village filed a motion to dismiss, arguing that it was immune from liability pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/1-101 et seq. (West 2006)). The trial court granted the motion. We affirm.

On May 9, 2008, plaintiff's daughter...

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