Recreational Property Negligence

M E M O R A N D U M

TO:

FROM:

DATE:

RE: Cole Gershwin- Immunity for Negligence on Recreational Property

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I. STATEMENT OF FACTS

Our Client, Mr. Cole Gershwin, is considering suit against the Chicago School District for injuries sustained as a result of tripping in a pothole. Gershwin, a teacher at Washington Elementary School, alleges that on October 10, 2000 at 12:20 pm, he was walking from the school to the teacher's parking lot, and tripped in a pothole and fell.

The walkway where Gershwin fell is adjacent to a parking lot that was converted from a portion of the playground area. The walkway is used by teachers to travel to and from the parking lot. The walkway is marked with yellow stripes and is bordered on the southern edge by orange construction cones that the school is going to replace with additional fencing. There is a sign on the fence separating the parking lot from the walkway that reads: "Walkway for Teachers Only."