Bonavia v. Rockford Flotilla 6-1, Inc.

State: Illinois

Court: 2nd District Appellate

Docket No: 2-03-0338 Rel

Case Date: 04/27/2004

No. 2--03--0338

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

MICHAEL BONAVIA and MARY
BONAVIA,

Plaintiffs-Appellants,

ROCKFORD FLOTILLA 6--1, INC.,

Defendant-Appellee

(Rockford Park District, a Municipal
Corporation, Defendant).

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Appeal from the Circuit Court
of Winnebago County.

No. 00--L--207

Honorable
Janet Clark Holmgren,
Judge, Presiding.

JUSTICE BYRNE delivered the opinion of the court:

On July 4, 1999, plaintiff Michael Bonavia suffered personal injuries after he slipped and fellwhile walking to his pontoon boat that was docked at defendant Rockford Flotilla 6--1, Inc. (theFlotilla). Michael and his wife, Mary, filed a four-count complaint alleging that the Flotilla anddefendant Rockford Park District negligently caused Michael's injuries and Mary's loss of consortium. Rockford Park District was dismissed from the action and is not a party to this appeal. The Flotillamoved for summary judgment, arguing that it owed no duty to warn or protect Michael because heslipped on a natural accumulation of algae. The trial court agreed and granted the Flotilla summaryjudgment. Plaintiffs appeal, arguing that the Flotilla was not entitled to a judgment as a matter of lawbecause it owed and breached a duty to Michael under section 343 of the Restatement (Second) ofTorts. Restatement (Second) of Torts