Rommel v. The Illinois State Toll Highway Authority

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 120273
Decision Date: 
September 9, 2013
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
BIRKETT
Holding: 
Affirmed.
Liability of entity responsible for street maintenance attaches only where improvements are made that directly render street defective, such that travel on the street becomes unreasonably dangerous. Plaintiffs' complaints failed to sufficiently allege duty element of a negligence claim, and alleged only that the grassy median dividing a highway was not reasonably safe. Thus, court properly dismissed Plaintiffs' complaints against tollway authority for two-car head-on collisions occurring when cars crossed grassy median into oncoming traffic. (HUTCHINSON and SPENCE, concurring.)