{ "id": 2463159, "name": "ELLEN HALL, Appellee, v. TIM HENN et al., Appellants", "name_abbreviation": "Hall v. Henn", "decision_date": "2003-12-18", "docket_number": "No. 95431", "first_page": "325", "last_page": "332", "citations": [ { "type": "official", "cite": "208 Ill. 2d 325" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "191 Ill. 2d 326", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 229713 ], "year": 2000, "pin_cites": [ { "page": "330" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/191/0326-01" ] }, { "cite": "203 Ill. 2d 497", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 799378 ], "year": 2003, "pin_cites": [ { "page": "508" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/203/0497-01" ] }, { "cite": "186 Ill. 2d 181", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 243860 ], "year": 1999, "pin_cites": [ { "page": "184-85" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/186/0181-01" ] }, { "cite": "159 Ill. 2d 469", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 781334 ], "year": 1994, "pin_cites": [ { "page": "479" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/159/0469-01" ] }, { "cite": "199 Ill. 2d 130", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 58928 ], "weight": 2, "year": 2002, "pin_cites": [ { "page": "135" }, { "page": "135" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/199/0130-01" ] }, { "cite": "191 Ill. 2d 493", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 229719 ], "year": 2000, "pin_cites": [ { "page": "503-04" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/191/0493-01" ] }, { "cite": "183 Ill. 2d 342", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 209971 ], "weight": 2, "year": 1998, "pin_cites": [ { "page": "349" }, { "page": "349" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/183/0342-01" ] } ], "analysis": { "cardinality": 544, "char_count": 9508, "ocr_confidence": 0.769, "pagerank": { "raw": 2.59136171572516e-07, "percentile": 0.8180965376745903 }, "sha256": "2df8f77b47036cfc62263e8ec7f88fda34e3d10ee7d4c53ce3a0cf312b1738a8", "simhash": "1:47ad95d02c163a5e", "word_count": 1550 }, "last_updated": "2023-07-14T20:31:08.297395+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "ELLEN HALL, Appellee, v. TIM HENN et al., Appellants." ], "opinions": [ { "text": "JUSTICE THOMAS\ndelivered the opinion of the court:\nIn this case, we are asked to construe the scope of the Recreational Use of Land and Water Areas Act (745 ILCS 65/1 et seq. (West 2002)). Specifically, we are asked to decide whether the Act\u2019s limitation of liability applies only to landowners who open their property for recreational use by the general public, or whether it also applies to landowners who open their property for recreational use by invited guests only.\nBACKGROUND\nDuring the winter of 2000-01, defendants, Tim and Sue Henn, built and maintained a sled run in their backyard. The run included steps, a platform, and a luge-like course, all of which were constructed out of snow, sprayed with water, and hardened into ice. Although the run was not open to the general public, defendants made it available to certain friends and neighbors. Those using the run first had to ask for and receive defendants\u2019 permission, and defendants allowed the run to be used only when they were present to supervise.\nThe Friel family lived across the street from defendants. On January 6, 2001, plaintiff, Ellen Hall, was visiting the Friels with her children. During the visit, Jody Friel called defendants and asked if her family and plaintiffs family could use the sled run. Defendants agreed. After taking several successful turns on the run, plaintiff slipped and fell down the icy stairs. The fall knocked plaintiff unconscious, and she suffered both a fractured right arm and a torn anterior cruciate ligament in her left knee.\nPlaintiff filed a negligence action against defendants. Defendants moved for summary judgment, arguing that the Act immunizes them from negligence liability arising out of the recreational use of their property. The trial court agreed with defendants and granted the motion. The appellate court reversed, explaining that defendants were not entitled to the Act\u2019s protection because they had not opened their land for recreational use by the public. No. 2 \u2014 02\u20140435 (unpublished order under Supreme Court Rule 23). We granted defendants\u2019 petition for leave to appeal. 177 Ill. 2d R. 315(a).\nANALYSIS\nSummary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 \u2014 1005(c) (West 2002); Ragan v. Columbia Mutual Insurance Co., 183 Ill. 2d 342, 349 (1998). The standard of review for the entry of summary judgment is de novo. Ragan, 183 Ill. 2d at 349.\nThe Recreational Use of Land and Water Areas Act (the Act) exists \u201cto encourage owners of land to make land and water areas available to the public for recreational or conservation purposes by limiting their liability toward persons entering thereon for such purposes.\u201d 745 ILCS 65/1 (West 2002). To that end, the Act provides that owners of land owe \u201cno duty of care to keep the premises safe for entry or use by any person for recreational or conservation purposes, or to give any warning of a natural or artificial dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.\u201d 745 ILCS 65/3 (West 2002). In addition, the Act provides that:\n\u201can owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational or conservation purposes does not thereby:\n(a) Extend any assurance that the premises are safe for any purpose.\n(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.\n(c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such person or any other person who enters upon the land.\n(d) Assume responsibility for or incur liability for any injury to such person or property caused by any natural or artificial condition, structure or personal property on the premises.\u201d 745 ILCS 65/4 (West 2002).\nThe Act does not immunize landowners who engage in wilful and wanton conduct, nor does it apply to landowners who charge a fee for the use of their property. 745 ILCS 65/6 (West 2002).\nAs defined by the Act, \u201cland\u201d includes \u201croads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.\u201d 745 ILCS 65/2(a) (West 2002). \u201cRecreational or conservation purpose\u201d means \u201cany activity undertaken for conservation, resource management, exercise, education, relaxation, or pleasure on land owned by another.\u201d 745 ILCS 65/2(c) (West 2002). Finally, the Act defines \u201c[pjerson\u201d as \u201cany person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes.\u201d 745 ILCS 65/2(e) (West 2002).\nDefendants argue that, under the Act, they cannot be held liable for plaintiffs injuries because defendants had invited plaintiff onto their property for recreational purposes, namely, using the sled ran. Citing section 1 of the Act, plaintiff counters that the Act\u2019s limitation of liability applies only when land is made available \u201cto the public.\u201d Here, defendants concede that use of the sled run was limited to invited guests only and was not available to the public.\nThe resolution of this dispute turns on a question of statutory interpretation. The fundamental rule of statutory construction is to ascertain and give effect to the legislature\u2019s intent. Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 503-04 (2000). Accordingly, courts should consider the statute in its entirety, keeping in mind the subject it addresses and the legislature\u2019s apparent objective in enacting it. People v. Davis, 199 Ill. 2d 130, 135 (2002). The best indication of legislative intent is the statutory language, given its plain and ordinary meaning. Illinois Graphics Co. v. Nickum, 159 Ill. 2d 469, 479 (1994). Where the language is clear and unambiguous, we must apply the statute without resort to further aids of statutory construction. Davis v. Toshiba Machine Co., America, 186 Ill. 2d 181, 184-85 (1999). Nevertheless, we will presume that the General Assembly did not intend an absurd, inconvenient, or unjust result. Carver v. Sheriff of La Salle County, 203 Ill. 2d 497, 508 (2003). The construction of a statute is a question of law that is reviewed de novo. In re Estate of Dierkes, 191 Ill. 2d 326, 330 (2000).\nWe agree with plaintiff that the Act applies only to those landowners who open their property to the public. Section 1 of the Act specifically states that the Act exists \u201cto encourage owners of land to make land and water areas available to the public for recreational or conservation purposes.\u201d (Emphasis added.) 745 ILCS 65/1 (West 2002). Sections 3 and 4, in turn, immunize landowners from negligence liability with respect to \u201cany person\u201d who enters their property for recreational purposes. 745 ILCS 65/3, 4 (West 2002). Reading these provisions together, as we must, we conclude that the Act immunizes landowners from negligence liability with respect to any person who enters their property for recreational purposes, provided that such property is open to the public. Conversely, the Act\u2019s protections are not available to landowners who restrict the use of their property to invited guests only. This reading both considers the Act in its entirety and vindicates the legislature\u2019s obvious objective in enacting it. See Davis, 199 Ill. 2d at 135.\nIn reaching this result, we note that defendant\u2019s reading of the Act, while textually plausible, renders an absurd and unjust result. The Act is sweeping in its scope, immunizing a landowner from negligence liability with respect to any person who enters the landowner\u2019s property for, among other things, \u201cexercise, education, relaxation, or pleasure.\u201d 745 ILCS 65/2(c), 3, 4 (West 2002). \u201cExercise, education, relaxation, or pleasure\u201d encompasses just about every purpose, absent commerce, for which a person is invited onto another\u2019s property. Consequently, were we to ignore section l\u2019s express caveat that the property in question be made available for such purposes to the public, we would largely eliminate premises liability in this state. This clearly was not the legislature\u2019s intent.\nAs the Act applies only to those landowners who open their property to the general public, the appellate court correctly reversed the trial court\u2019s entry of summary judgment in favor of defendants. Defendants testified that the sled run was available only to certain friends and neighbors, and that anyone using the run first had to ask for and receive defendants\u2019 permission. When specifically asked whether the run was open to the public, defendants testified that it was not. In light of these admissions, defendants cannot claim the Act\u2019s protection, and they were not entitled to summary judgment. Whether defendants are ultimately liable for plaintiffs injury is not before us, and we express no opinion on that question.\nCONCLUSION\nFor the foregoing reasons, the judgment of the appellate court is affirmed.\nAffirmed.", "type": "majority", "author": "JUSTICE THOMAS" } ], "attorneys": [ "Michael L. Handley, of the Law Offices of Mark R. Rudoff, of Chicago, for appellants.", "Hans A. Mast, of the Law Offices of Thomas J. Popovich, of McHenry, for appellee.", "J. Ryan Potts and Heather A. Mulligan, of Chicago, for amicus curiae Illinois Trial Lawyers\u2019 Association." ], "corrections": "", "head_matter": "(No. 95431.\nELLEN HALL, Appellee, v. TIM HENN et al., Appellants.\nOpinion filed December 18, 2003.\nMichael L. Handley, of the Law Offices of Mark R. Rudoff, of Chicago, for appellants.\nHans A. Mast, of the Law Offices of Thomas J. Popovich, of McHenry, for appellee.\nJ. Ryan Potts and Heather A. Mulligan, of Chicago, for amicus curiae Illinois Trial Lawyers\u2019 Association." }, "file_name": "0325-01", "first_page_order": 335, "last_page_order": 342 }