Bicyclist who fell and sustained injuries while biking home from work on promenade in city park brought negligence action against city.
The Circuit Court denied city’s motion for summary judgment, and subsequently entered verdict in bicyclist’s favor for $100,000 following jury trial and denied city’s motion for judgment notwithstanding the verdict. City appealed. The Appellate Court affirmed. City’s petition for writ of certiorari was granted.
The Supreme Court held that Recreational Use Statute’s protection for landowners who make property available to public for recreational purposes did not apply to promenade in city park and thus did not preclude bicyclist’s negligence action against city.