Suit was filed against the City of Geneva and others by the estate of a deceased Army veteran. He and two young teens were fishing downstream of the Geneva Dam and when the boys got bored, they decided to go for a swim. The two were caught in the “boil” of the dam and the veteran drowned while saving the two youths. The City’s motion to dismiss arguing that the open and obvious doctrine and immunity under the Tort Immunity Act barred the suit was granted. The Illinois Appellate Court, Second District, affirmed the dismissal on the bases that the dangerous condition of the “boil” was open and obvious. Bill Kurnik and Amanda Zdarsky co-authored the brief in the Appellate Court, and Amanda argued the case on appeal.
Suchy v. City of Geneva.