Ballog v. The City of Chicago

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 112429
Decision Date: 
October 22, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Justice: 
GARCIA
Holding: 
Affirmed.
Court opinion corrected 11/29/12.) Plaintiff fractured her foot when she tripped as she stepped from portion of street that had been excavated, refilled with concrete, but not resurfaced, and then she fell, landing on the connecting sidewalk. Court properly granted summary judgment to Defendant City, as condition was open and obvious as a matter of law and the deliberate encounter exception to the doctrine did not apply. (LAMPKIN and HALL, concurring.)