Robinson v. La Casa Grande Condominium Association
Illinois Appellate Court
562 N.E. 2d 678 (1990)
- Written by Mary Phelan D'Isa, JD
Facts
In 1987, 10-year old Kristi Robinson drowned in a swimming pool at La Casa Grande Condominiums in Springfield, Illinois. At the time of her death, Kristi and her parents lived at La Case Grande, where her parents owned a condominium unit. John Robinson (plaintiff), the administrator of Kristi’s estate, filed a multicount wrongful-death action in 1989, with one count against seven of the La Casa Grande Association’s board of managers (the board members) (defendants) for carelessly and negligently causing Kristi’s death. The board of managers was not organized under the state not-for-profit corporation act even though its members served without pay and, under the state’s condominium act, they had the powers and responsibilities of a not-for-profit corporation. The board members moved to dismiss the count against them, and the court granted their motion. John appealed. On appeal, the board members argued that they were immune from liability under the state’s not-for-profit corporation act and, alternatively, under the state’s condominium act, members of a board of managers could not be liable for the negligent performance of their duties.
Rule of Law
Issue
Holding and Reasoning (Knecht, J.)
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