Koltes v. St. Charles Park District

687 N.E.2d 543, 293 Ill. App. 3d 171, 227 Ill. Dec. 293, 1997 Ill. App. LEXIS 793
CourtAppellate Court of Illinois
DecidedNovember 19, 1997
Docket2-97-0031
StatusPublished
Cited by19 cases

This text of 687 N.E.2d 543 (Koltes v. St. Charles Park District) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koltes v. St. Charles Park District, 687 N.E.2d 543, 293 Ill. App. 3d 171, 227 Ill. Dec. 293, 1997 Ill. App. LEXIS 793 (Ill. Ct. App. 1997).

Opinion

PRESIDING JUSTICE GEIGER

delivered the opinion of the court:

The plaintiff, Linda Koltes, appeals from the December 9, 1996, order of the circuit court of Kane County granting summary judgment in favor of defendant St. Charles Park District. The plaintiff had filed suit against the defendant, alleging that she was injured as a result of the design and maintenance of the defendant’s golf course. The trial court entered summary judgment on behalf of the defendant, ruling that it was immune from liability pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (the Act) (745 ILCS 10/1 — 101 et seq. (West 1996)). On appeal, the plaintiff argues that the defendant is not immunized under the Act as its conduct herein was a ministerial function and was performed in a willful and wanton manner. We affirm.

On March 30, 1994, the plaintiff filed her complaint in the circuit court of Kane County. As subsequently amended, the complaint alleged that, on July 16, 1993, the plaintiff was struck by an errant golf ball hit by George Wolk, a member of her foursome. The complaint alleged that, at the time of the accident, she was standing in a designated "standing area” near the first tee at the St. Charles Park District Pottawatomie Golf Course. This "standing area” consisted of a rock formation, a trash can, and a spike cleaner. The plaintiff alleges that the "standing area” was located 75 yards in front of and to the left of the men’s first tee.

The plaintiff alleged that the design of the first tee of the golf course "lured” people to wait in the "standing area,” even though this area was within the possible flight zone for golf balls struck from the first tee. The complaint alleged that the defendant’s conduct was willful and wanton in that it (1) failed to warn the plaintiff that the designated "standing area” was unprotected from golf balls struck from the first tee; (2) failed to provide fencing in the "standing area”; and (3) failed to alter the design of the first tee, even though it knew that a golf ball had previously struck an individual waiting in the "standing area.”

On December 8, 1994, the defendant filed its answer to the plaintiff’s complaint, denying all material allegations. The defendant also denied that there was a designated "standing area” by the first tee.

On October 31, 1996, the defendant filed a motion for summary judgment. In its motion, the defendant contended that (1) the plaintiffs claim was barred by the 10-year construction statute of repose (735 ILCS 5/13 — 214 (West 1996)); (2) the decision to make improvements to the golf course was discretionary under the Act; and (3) its alleged misconduct was not willful and wanton. The defendant also argued that there had been no other reported cases of injury due to errant golf balls in the area where the plaintiff was injured. In support of its motion, the defendant provided transcripts of the deposition testimony of the plaintiff and golf professional Jim Wheeler.

In her deposition, the plaintiff testified that, prior to her injury, she walked to the "standing area” as she awaited her turn to tee off. The "standing area,” which was about 10 to 15 yards from the women’s tee, did not have any chairs or wooden benches. Although she understood that she was to stand behind and out of the way of players who were teeing off, she waited in the "standing area” while the other members of her foursome were teeing off because she felt that the area was safe.

Wheeler testified that he had been the head golf professional at the Pottawatomie Golf Course for 15 years. According to Wheeler, the golf course was constructed during the 1930s. He testified that the area where the plaintiff was injured was not an area for spectators. He had not received any complaints about the area in question. Furthermore, the area in question was not subject to more injuries than the other areas of the golf course. However, Wheeler was aware that, prior to this incident, one other person had been struck by an errant golf ball in the same general area of the golf course. He testified that this person was not injured.

In response to the defendant’s motion, the plaintiff argued that (1) the statute of repose was inapplicable as it applied only to cases involving negligent design and not to cases involving willful and wanton conduct; (2) the defendant was not immune from liability under the Act as the maintenance of the golf course was a ministerial function and not discretionary; and (3) a genuine issue of material fact existed as to whether the defendant’s conduct was willful and wanton.

In support of her argument, the plaintiff relied upon the affidavit of R. Gordon Leedy, the director of design at Thompson Dyke & Associates, a firm which deals primarily with municipal and park planning. Leedy had been a site coordinator with Nicklaus Design for four years. Leedy opined that the area where the plaintiff was injured was a "potential flight zone.” Furthermore, he stated that the defendant maintained the area in a manner which gave the false impression that the area was protected from errant tee shots. During his deposition, however, Leedy acknowledged that the area was not explicitly designated as a "standing area” for spectators. He also testified that there were no published standards for the design and construction of golf courses in the 1930s.

On December 9, 1996, following oral argument, the trial court granted summary judgment in favor of the defendant. The trial court explained its ruling as follows:

"It would appear to the Court that this was a discretionary act which does bring it within the purview of the section cited of the Tort Immunity Act.
Also, I think *** there is that specific definition on willful and wanton which would cause motion for summary judgment to apply.”

The plaintiff filed a timely notice of appeal.

The plaintiff’s first argument on appeal is that a genuine issue of material fact exists as to whether the defendant’s actions were discretionary. The plaintiff argues that, once the defendant carried out its plan to construct a "standing area,” its actions became ministerial and were therefore not immune under the Act. The defendant argues, however, that the decision whether to provide warnings or fencing or to alter the design of the first tee was discretionary and therefore immunized under the Act.

At the outset, we note that the purpose of a motion for summary judgment is to determine whether a genuine issue of triable fact exists. Purtill v. Hess, 111 Ill. 2d 229, 240 (1986). Summary judgment is appropriate when the pleadings, depositions, and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1996). In deciding whether to grant summary judgment, the reviewing court must view the evidence in a light most favorable to the nonmoving party. Turner v. Roesner, 193 Ill. App. 3d 482, 487 (1990). The disposition of a summary judgment motion is not discretionary, and the standard of review is de nova.

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Cite This Page — Counsel Stack

Bluebook (online)
687 N.E.2d 543, 293 Ill. App. 3d 171, 227 Ill. Dec. 293, 1997 Ill. App. LEXIS 793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koltes-v-st-charles-park-district-illappct-1997.