Barr v. Frausto

Plaintiff filed suit for negligent property maintenance for damages for injuries he sustained on City property when he stepped into a hole on a grass-covered parkway and fell. Court properly granted summary judgment for City. City did not have actual notice of hole in parkway. For purpose of Section 3-102(a) of Tort Immunity Act, constructive notice is established when a condition has existed for such a length of time or was so conspicuous that public authorities, by exercising reasonable care and diligence, might have known of the condition. Plaintiff failed to satisfy burden of proving constructive notice, as he failed to establish a genuine issue of material fact as to that issue.  (McDADE and SCHMIDT, concurring.)