Cwik v. Forest Preserve District

The plaintiffs in Cwik v. Forest Preserve District (1985), 131 Ill. App. 3d 1097, 477 N.E.2d 21, 87 Ill. Dec. 420, alleged they were injured on February 1, 1981, when their snowmobile struck a cable on property owned and operated by the Forest Preserve of Cook County known as Miller's Meadows. On this property was an asphalt road with concrete pillars on either side supporting a steel cable across the road, all of which were in an area designated for snowmobiling. Plaintiffs alleged that on the date of the incident, the pillars and steel cable were not visible because they were partially covered with snow. Plaintiffs further alleged that the defendant had previously marked the area with large picnic tables and other large objects to alert snowmobiles to the location of the obstacles, but on the day of the accident the pillars and cable were not marked. Plaintiffs asserted they were injured as the result of defendant's acts or omissions of willful and wanton negligence in that defendant designated an area for snowmobiling which was not safe for such purposes, allowed the existence of a partially hidden cable within an area it knew or should have known that such cable constituted an obstruction and danger to snowmobile operators, and failed to post warning signs or markers within the vicinity of the snow-covered cable. The trial court granted defendant's motion to dismiss holding that the Snowmobile Act barred plaintiffs' action. Plaintiffs contended the trial court erred in holding that defendant owed no duty of care to the plaintiffs and that sections 5--1(I) and (J) of the Snowmobile Act should not have been interpreted as relieving the defendant from liability for acts and omissions of willful and wanton negligence. Section 5--1(J) of the Snowmobile Act (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 605--1(J)), provided: "An owner, lessee or occupant of premises who gives permission to another to snowmobile upon such premises does not thereby extend any assurance that the premises are safe for such purpose, or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted. This subsection shall not apply where permission to snowmobile is given for a valuable consideration other than to this State, any political subdivision or municipality thereof, or any landowner who is paid with funds from the Snowmobile Trail Establishment Fund." The appellate court affirmed the trial court's decision and declined to give retroactive effect to the 1984 amendments to sections 5--1(I) and 5--1(J) which allowed actions for willful and wanton negligence.