Andrews v. Metropolitan Water Reclamation District of Greater Chicago

Summary

The Illinois Supreme Court held that the Metropolitan Water Reclamation District failed to establish discretionary immunity under sections 2-109 and 2-201 of the Tort Immunity Act because it presented no evidence that its employees consciously decided how to address the ladder configuration that caused Andrews’s injuries. A contractual reservation of authority to reject unsafe work methods, without proof that the authority was actually exercised, was insufficient to establish immunity. The court affirmed the appellate court, reversed the circuit court’s summary judgment, and remanded for further proceedings.