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(DOWNLOAD) "Horrell v. City of Chicago" by Illinois Appellate Court First District (1St Division) Judgment Affirmed ~ Book PDF Kindle ePub Free

Horrell v. City of Chicago

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eBook details

  • Title: Horrell v. City of Chicago
  • Author : Illinois Appellate Court First District (1St Division) Judgment Affirmed
  • Release Date : January 30, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Plaintiff, Mary Horrell, brought suit in the circuit court of Cook county against the city of Chicago (city), the Chicago Transit Authority (CTA), and Joseph Kawa, an individual, for injuries resulting when Kawa's truck hit the plaintiff as she crossed a city street. One circuit court judge denied a motion of the city for summary judgment, but, subsequently, a second circuit court judge, after further consideration, granted the city's motion. At the same time, the second judge also granted the CTA's motion for summary judgment. Trial on the remaining allegations concerning Joseph Kawa was continued pending the disposition of this appeal. The facts underlying the suit are as follows. On July 1, 1983, Mary Horrell got off a CTA bus on the east side of State Street at the ""T"" intersection of State and Maple in Chicago. Following the bus' departure from the intersection, she proceeded to cross State Street in a westerly direction at a point where no crosswalk markings had been painted. As she was crossing the street, she was struck by a truck driven by Joseph Kawa. It is undisputed that crosswalks existed across State Street within one-half block in both directions of the point where Ms. Horrell chose to cross the street. Ms. Horrell brought suit against the city of Chicago, the CTA, and Joseph Kawa for injuries resulting from the collision. She alleged that the city was negligent in failing to provide a crosswalk for a bus stop at a busy intersection and that the city's own ""Street Marking Standards"" required it to do so. The city denied the allegations of negligence and asserted the Local Governmental and Governmental Employees Tort Immunity Act as an affirmative defense. (Ill. Rev. Stat. 1985, ch. 85, par. 1-101 et seq.) The city filed its motion for summary judgment on March 5, 1985, which, as stated previously, was originally denied by the first judge on April 24, 1985. Ms. Horrell was given leave to file a first amended complaint which she did. The amended complaint alleged that the city negligently:


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