Plaintiffs alleged that Ana was injured when a vehicle struck her while she crossed a street manned by defendant, Sue Kirksey, a City of Chicago crossing guard. The trial court granted defendants' motion to dismiss all allegations against them in plaintiffs' second amended complaint. Count II further alleged that Kirksey was wearing a Walkman radio at the time of the accident that prevented her from hearing vehicular traffic and other sounds necessary to perform her duties. Count III contained similar allegations but alleged a cause of action against defendants for Kirksey's negligence. Defendants contended that section 4-102 of the Tort Immunity Act granted them immunity from precisely that type of cause of action.
Plaintiffs now appeal.
We thus address whether defendants' conduct was immunized under section 4-102 of the Tort Immunity Act. All well-pleaded facts and all reasonable inferences from those facts are taken as true. We review the trial court's dismissal of a complaint pursuant to section 2-619 de novo. To determine whether a public official's conduct falls within the provisions of the Tort Immunity Act, the court first examines the legislature's intent. 183 Ill. 2d at 56.