Bonavia v. Rockford Flotilla 6-1, Inc.
Case Date: 04/27/2004
Court: 2nd District Appellate
Docket No: 2-03-0338 Rel
IN THE
JUSTICE BYRNE delivered the opinion of the court: On July 4, 1999, plaintiff Michael Bonavia suffered personal injuries after he slipped and fellwhile walking to his pontoon boat that was docked at defendant Rockford Flotilla 6--1, Inc. (theFlotilla). Michael and his wife, Mary, filed a four-count complaint alleging that the Flotilla anddefendant Rockford Park District negligently caused Michael's injuries and Mary's loss of consortium. Rockford Park District was dismissed from the action and is not a party to this appeal. The Flotillamoved for summary judgment, arguing that it owed no duty to warn or protect Michael because heslipped on a natural accumulation of algae. The trial court agreed and granted the Flotilla summaryjudgment. Plaintiffs appeal, arguing that the Flotilla was not entitled to a judgment as a matter of lawbecause it owed and breached a duty to Michael under section 343 of the Restatement (Second) ofTorts. Restatement (Second) of Torts |