August 2023 - Parks & Recreation - 31

would have started a line search
right away. " As a result, the appeals
court found " the lifeguards wasted
valuable time looking for Eric in
the wrong location. "
In addition, the appeals court
noted Dworkin had testified " the
lifeguards knew what should have
been done but failed to take the
proper actions when the emergency
actually occurred because the
City and its agents had failed to
train them for the situation. " Further,
the court found the City's own
aquatics expert had agreed " rescuers
should practice responding to
emergencies so they would have
an appropriate instinctive response
to an emergency situation. " The
court also acknowledged Plaintiff
had introduced evidence that " neither
England nor the beach managers
told the lifeguards they were in
charge of training themselves. "
Conclusion
Based on the record in this case,
the appeals court concluded the
jury had sufficient evidence to
find " a known dangerous situation, "
which " constituted willful
and wanton conduct that led to
Eric's death. " In so doing, the
appeals court noted this evidence
included: " the failure of the City
and its agents to have a clear EAP
for this situation and to practice
what needed to be done if a swimmer
went missing in the beach's
opaque water. "
Having found sufficient evidence
for the jury to determine the City
and its agents engaged in willful
and wanton conduct, the appeals
court held the City was not entitled
to supervision immunity under
Illinois state law (745 ILCS 10/3108(a).
As a result, the appeals
court held " the trial court did not
err in denying the City's motion for
judgment notwithstanding the verdict. "
The appeals court, therefore,
affirmed the trial court's judgment
based upon the jury's verdict in favor
of Plaintiff.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Professor
emeritus in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Webpage link to an archive of articles (1982 to present):
mason.gmu.edu/~jkozlows/lawarts/artlist.htm.
Creating
Equity-Based System
Master Plans
NRPA's online tool can help you
create master plans grounded in
equity and inclusion.
nrpa.org/ParkMasterPlanning
PARK S ANDRECRE AT ION . OR G | A UGUS T 2 0 2 3
| Parks & Recreation
31

https://mason.gmu.edu/~jkozlows/lawarts/artlist.htm http://www.nrpa.org/ParkMasterPlanning

August 2023 - Parks & Recreation

Table of Contents for the Digital Edition of August 2023 - Parks & Recreation

August 2023 - Parks & Recreation - Intro
August 2023 - Parks & Recreation - Cover1
August 2023 - Parks & Recreation - Cover2
August 2023 - Parks & Recreation - 1
August 2023 - Parks & Recreation - 2
August 2023 - Parks & Recreation - 3
August 2023 - Parks & Recreation - 4
August 2023 - Parks & Recreation - 5
August 2023 - Parks & Recreation - 6
August 2023 - Parks & Recreation - 7
August 2023 - Parks & Recreation - 8
August 2023 - Parks & Recreation - 9
August 2023 - Parks & Recreation - 10
August 2023 - Parks & Recreation - 11
August 2023 - Parks & Recreation - 12
August 2023 - Parks & Recreation - 13
August 2023 - Parks & Recreation - 14
August 2023 - Parks & Recreation - 15
August 2023 - Parks & Recreation - 16
August 2023 - Parks & Recreation - 17
August 2023 - Parks & Recreation - 18
August 2023 - Parks & Recreation - 19
August 2023 - Parks & Recreation - 20
August 2023 - Parks & Recreation - 21
August 2023 - Parks & Recreation - 22
August 2023 - Parks & Recreation - 23
August 2023 - Parks & Recreation - 24
August 2023 - Parks & Recreation - 25
August 2023 - Parks & Recreation - 26
August 2023 - Parks & Recreation - 27
August 2023 - Parks & Recreation - 28
August 2023 - Parks & Recreation - 29
August 2023 - Parks & Recreation - 30
August 2023 - Parks & Recreation - 31
August 2023 - Parks & Recreation - 32
August 2023 - Parks & Recreation - 33
August 2023 - Parks & Recreation - 34
August 2023 - Parks & Recreation - 35
August 2023 - Parks & Recreation - 36
August 2023 - Parks & Recreation - 37
August 2023 - Parks & Recreation - 38
August 2023 - Parks & Recreation - 39
August 2023 - Parks & Recreation - 40
August 2023 - Parks & Recreation - 41
August 2023 - Parks & Recreation - 42
August 2023 - Parks & Recreation - 43
August 2023 - Parks & Recreation - 44
August 2023 - Parks & Recreation - 45
August 2023 - Parks & Recreation - 46
August 2023 - Parks & Recreation - 47
August 2023 - Parks & Recreation - 48
August 2023 - Parks & Recreation - 49
August 2023 - Parks & Recreation - 50
August 2023 - Parks & Recreation - 51
August 2023 - Parks & Recreation - 52
August 2023 - Parks & Recreation - 53
August 2023 - Parks & Recreation - 54
August 2023 - Parks & Recreation - 55
August 2023 - Parks & Recreation - 56
August 2023 - Parks & Recreation - Cover3
August 2023 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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