ILLINOIS PEDESTRIAN WHO FELL INTO HOLE IN CITY STREET WINS RIGHT TO NEW TRIAL
An appellate court in Illinois recently reversed a lower court and gave a man who was injured when he fell into a hole on a city street the opportunity to have his suit heard again. At issue for the Court of Appeals was whether or not the pedestrian's complaint stated a cause against the city. In the trial court, the village rested its defense on the intention that the streets, except for crosswalks, should be maintained for the use of vehicles and not for pedestrian use. In its review, the Court of Appeals noted that the village permitted curbside, parallel parking on the street in question, so it must have recognized the necessity of pedestrians walking in the street as the only reasonable means for them to get in and out of their cars. In the opinion of the Appeals Court, it defied common sense to argue that the village was not responsible for the street and the hole. (DiDomenico v. Village of Romeoville (3-87-0637) 525 N.E.2d 242 Ill. App. 3 Dist. 1988)
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Availability:
- Find a library where document is available. Order URL: http://worldcat.org/issn/0884612X
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Corporate Authors:
TranSafety, Incorporated
5811 Oak Leather Drive
Burke, VA United States 22015 - Publication Date: 1989-11
Media Info
- Pagination: p. 1
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Serial:
- TRANSAFETY REPORTER
- Volume: 7
- Issue Number: 11
- Publisher: TranSafety, Incorporated
- ISSN: 0884-612X
Subject/Index Terms
- TRT Terms: Cities; Holes; Injuries; Liability; Pedestrian safety; Streets
- Subject Areas: Highways; Law; Maintenance and Preservation; Safety and Human Factors; I84: Personal Injuries;
Filing Info
- Accession Number: 00489995
- Record Type: Publication
- Files: TRIS
- Created Date: Dec 31 1989 12:00AM