Smart v. The City of Chicago

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 120901
Decision Date: 
October 9, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
MASON
Holding: 
Affirmed.
(Court opinion corrected 10/16/13.) Bicyclist was injured in fall near city intersection on bike route, when his bicycle tire caught in deep grooves of road surface, as result of resurfacing project, throwing him over handlebars and onto pavement.City's special interrogatory was properly denied, as it was impermissibly compound and would have required jury to consider multiple questions as to cause of injuries, and was prejudicial, as opening phrase presumed that jury found Plaintiff contributorily negligent. Court properly followed Notes on Use for IPI Civil 120.02 and 120.08, and properly tendered duty and burden of proof instructions applicable to general negligence cases. (NEVILLE and PUCINSKI, concurring.)