Motion to Dismiss: Immune

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MOTION TO DISMISS

Defendant [Name], by and through [his/her] attorney, [Name of Attorney], moves to dismiss plaintiff [Name]’s complaint, pursuant to 735 ILCS 5/2-619(a)(9) for the following reasons:

1. On [Date], plaintiff was injured in an automobile accident. Defendant [Name] hit plaintiff’s car causing the alleged injuries.

2. At the time of the accident, defendant [Name] was an employee of the City of _______, working on a court-ordered community service project pursuant to the Unified Code of Corrections (730 ILCS 5-5-7).

3. According to that statute, an employee of a community service project is immune to suit for injuries unless [his/her] conduct is willful and wanton.

4. Plaintiff’s complaint alleges that the defendant was negligent in the manner that [he/she] drove [his/her] car. There are no allegations that [he/she] was willful and wanton in the manner in which [he/she] drove. Thus the immunity applies and plaintiff claim cannot stand against the defendant. Petty v. Crowell, 306 Ill. App. 3d...