Ballog v. The City of Chicago

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.)