Zameer v. City of Chicago

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 120198
Decision Date: 
July 19, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
TAYLOR
Holding: 
Affirmed.
(Court opinion corrected 8/7/13.) Court properly entered summary judgment for defendant City, where there was insufficient evidence that City had actual or constructive notice of height difference in sidewalk prior to Plaintiff's fall. Plaintiff tripped on sidewalk crack, where raised slab was 2" higher than adjacent slab. Although multiple prior complaints about sidewalk were made, no evidence of any prior complaint at same location of specific defect that caused Plaintiff's fall. Section 3-102(a) of Tort Immunity Act requires proof that defendant had timely notice of specific defect that caused the plaintiff's injuries, not merely the condition of the area. (McBRIDE and HOWSE, concurring.)