Dunet v. Simmons

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 120603
Decision Date: 
April 23, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
HARRIS
Holding: 
Affirmed.
Wrongful death action for pedestrian struck and killed as she crossed street at or near intersection. Decedent was not an "intended user" at that intersection, as curb bordering street was painted yellow, and not cut out or sloped for pedestrian access. Decedent being a permitted user of unmarked crosswalk does not automatically make her an intended user. Thus, Plaintiff failed to show that Village owed a duty to Decedent. (CONNORS and SIMON, concurring.)