Matthias Ward v. Mid-American Energy Company
Lori Ward, as Special Administratrix of the Estate of Matthias Ward, Deceased v. Mid-American Energy Company, 313 Ill.App.3d 258 (2000)
Mr. Scanlan represented Lori Ward, as Special Administratrix of the Estate of Matthias Ward, deceased. Plaintiff brought this action to recover damages for the drowning death of her son. The decedent drowned while attempting to retrieve a ball from a “tail race” area located below a dam, which was owned and operated by the defendant, Mid-American Energy Company. Plaintiff alleged that defendant knew the “tail race” was a popular wading and swimming area, knew of the treacherous underwater currents and knew of six previous drownings. Plaintiff further alleged that defendant had created the dangerous underwater currents and that the currents were not apparent from the surface.
The trial court dismissed the complaint pursuant to 735 ILCS 5/2-615 for failure to state a cause of action. The Appellate Court reversed the trial court finding that injuries involving bodies of water where the hazard: (1) could not be detected; (2) was not an inherent characteristic of bodies of water; and (3) stemmed solely from the defendant’s conduct. The Appellate Court held that plaintiff’s complaint satisfied these criteria and reversed and remanded the case back to the trial court for trial.
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