Kane County Forest Preserve sued for bike path spill

A man is suing the Kane County Forest Preserve District for injuries he sustained in a bike path crash near South Elgin last August, according to court documents.

Robert Willing, who lives in the county, is seeking more than $50,000 damages and attorney fees for a spill he said he took on Aug, 21 along the Fox River Trail in South Elgin near Kenyon Woods Middle School.

Willing, in a lawsuit filed this week, charges the forest preserve with negligence and argues it is responsible for a washed out area along the trail near a bridge.

He says the forest preserve warned bike riders coming from the north of the bridge, but not the south end, which is where Willing wiped out.

“When attempting to stop, (Willing) slid into the washed out area of the bike trail, causing him to be thrown from his bicycle and to violently strike the base of the bridge, thereby sustaining severe, permanent and painful injuries,” the suit states.

Willing’s attorney, Patrick Flanagan, was not available for comment and his associate, Karl Bayer, said he needed to talk to his client before commenting. Attempts to reach Willing also were unsuccessful.

Jerry Hodge, an attorney representing the forest preserve, said he had not seen the suit so he could not comment.

Officials at the South Elgin Fire Protection District said they did not respond to any accidents or incidents along the bike trail on Aug. 21, 2010 that required ambulance transport to a hospital.

The case is slated for its initial hearing April 14.