# Appellate Court Reverses Summary Judgment for City | Therman Law Offices ![Charles N. Therman](https://www.choosecharlie.com/wp-content/uploads/2026/10/charles-therman-reviewed-by-2026-10-200x300.jpg)Reviewed by[Charles N. Therman](https://www.choosecharlie.com/our-team/charles-therman/)Principal Attorney & Founder, Therman Law OfficesIllinois attorney since 2000April 18, 2025[Contact Us](https://www.choosecharlie.com/contact-us/) In *[Corbett v. The County of Lake and The City of Highland Park](https://www.illinoiscourts.gov/Resources/4b7d49ba-1a29-4542-9016-418efa9ca55b/2160035.pdf)*, the plaintiff alleged that she sustained serious injuries when she was riding her bike on a path located in Lake County. Following the accident, the plaintiff filed a claim against multiple defendants, alleging that they were responsible for her injuries, which resulted from defects in the bike path. The plaintiff named the County of Lake and the City of Highland Park as defendants. Both defendants filed motions for summary judgment, which the trial court granted based on the Local Governmental and Governmental Employees Tort Immunity Act (the Act). ![Charles N. Therman](https://www.choosecharlie.com/wp-content/uploads/2026/10/charles-therman-reviewed-by-2026-10-200x300.jpg)Reviewed by[Charles N. Therman](https://www.choosecharlie.com/our-team/charles-therman/)Principal Attorney & Founder, Therman Law OfficesIllinois attorney since 2000April 18, 2025[Contact Us](https://www.choosecharlie.com/contact-us/) The plaintiff filed an appeal challenging the trial court’s order granting the City’s motion for summary judgment. In her complaint, the plaintiff alleged that the defendants were in control of the bike path and were responsible for its maintenance. The City was responsible for maintaining certain sections of the path. Prior to the date the accident occurred, the defendants were on notice that weeds and other vegetation had grown through the asphalt, rendering portions of the path bumpy, elevated, or broken. The plaintiff claimed that the defendants were willfully indifferent to the danger that this created. ![Quick Responses. Big Results](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_1_desktop.webp) [Quick Responses. Big Results](/contact-us/) In its answer, the City asserted that it had immunity under section 3-107(b) of the Act, which states, “Neither a local public entity nor a public employee is liable for an injury caused by a condition of . . . [a]ny hiking, riding, fishing, or hunting trail.” According to the city, the bike path constituted a riding trail. The plaintiff rejected this interpretation, stating that Illinois courts have interpreted the meaning of a riding trail differently from the City’s proposed interpretation. ![30 Day Full Investigation](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_2_desktop.webp) [30 Day Full Investigation. No Cost, No Obligation.](/contact-us/) Reviewing case law interpreting section 3-107(b), the appellate court concluded that a riding trail must “not only be used by bicyclists (or hikers or both) but be located within a forest or mountainous region.” Accordingly, the City’s suggested interpretation was incorrect. Testimony and evidence offered throughout the litigation made it clear that the path on which the plaintiff was riding was not located in a forest or mountainous region. Additionally, the presence of residential and industrial developments surrounding a path negates any suggestion that the path is located in a scenic or wooded area. ![100% Medical Bills Covered](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_3_desktop.webp) [100% of Medical Bills covered for our Clients. Call us Today.](tel:+17738398944) Furthermore, the appellate court noted that the spirit of the exception in 3-107(b) was to alleviate municipalities from the expense and burden of maintaining trails located in these distant areas, typically presenting rough terrain. Such a consideration does not apply to a bike or hiking path located in the middle of an easily accessible, developed area. Accordingly, the court reversed the order granting summary judgment for the City and remanded the action for additional proceedings. ![Tax-Free Money Settlements](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_1_desktop.webp) [Tax-Free Money Settlements for You! Choose Charlie.](/contact-us/) At Therman Law Offices, we have counseled numerous Illinois residents in matters involving [premises liability](https://www.choosecharlie.com/chicago-il/premises-liability-lawyer/) claims, including actions against government entities. Our seasoned, compassionate, and diligent team of professionals understands how stressful this situation is for you. We offer a free consultation to help you learn about your legal options and are prepared to help you ensure that your rights are protected at every step of the process. To schedule your free consultation, call us now at 312-588-1900 or contact us online. **Related Posts**: [Illinois Appellate Court Upholds Summary Judgment in Boating Accident Negligence Case](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-summary-judgment-in-boating-accident-negligence-case/) [Illinois Appellate Court Upholds Summary Judgment for Pool Owner in Wrongful Death Child Drowning Case](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-summary-judgment-for-pool-owner-in-wrongful-death-child-drowning-case/) [Illinois Appellate Court Orders Lower Court to Enter Verdict for Plaintiff in Rear-End Crash](https://www.choosecharlie.com/blog/illinois-appellate-court-orders-lower-court-to-enter-verdict-for-plaintiff-in-rear-end-crash/) ![Immediate Financial Help](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_3_desktop.webp) [Immediate Financial Help & Solutions.](/contact-us/) Bicycle Accidents Blog Posts: [### [Court of Appeal Reverses Summary Judgment for Insurer](https://www.choosecharlie.com/blog/illinois-court-of-appeal-reverses-summary-judgment-for-insurer-in-bicycle-accident-claim-involving-policy-interpretation-dispute/)](https://www.choosecharlie.com/blog/illinois-court-of-appeal-reverses-summary-judgment-for-insurer-in-bicycle-accident-claim-involving-policy-interpretation-dispute/) [### [Proving Liability In A Bicycle Accident Case](https://www.choosecharlie.com/blog/proving-liability-in-a-bicycle-accident-case/)](https://www.choosecharlie.com/blog/proving-liability-in-a-bicycle-accident-case/) [### [From Crashes To Compensation A Cyclist’s Guide To Legal Recovery](https://www.choosecharlie.com/blog/from-crashes-to-compensation-a-cyclists-guide-to-legal-recovery/)](https://www.choosecharlie.com/blog/from-crashes-to-compensation-a-cyclists-guide-to-legal-recovery/) [### [Court Upholds Verdict for City in Bicycle Accident Claim](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-verdict-for-city-in-bicycle-injury-accident-claim/)](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-verdict-for-city-in-bicycle-injury-accident-claim/) --- Source: https://www.choosecharlie.com/blog/illinois-appellate-court-reverses-summary-judgment-for-city-in-bike-accident-case/