Trip and fall case involving crosswalk with a surface in compliance with ADA requirements. Court dismissed Plaintiff's allegations that City failed to warn him of dangerous nature of ADA sensory tiles, which were designed to provide sensory cue to visually impaired persons of where sidewalk ends and roadway begins. Court then granted summary judgment for City. Exposure of the raised ADA sensory tiles, which were raised between 3/4 to 1-1/2 inches above sidewalk, was de minimis, and City lacked constructive notice of raised tiles; and tiles were an open and obvious condition. Neither difference in material composition (of tiles and sidewalk) and slight include would cause a reasonably prudent person to foresee some danger to persons walking on sidewalk. (PIERCE and NEVILLE, concurring.)
Illinois Appellate Court
Civil Court
Negligence