Peters v. R. Carlson & Sons, Inc.

Illinois Appellate Court
Civil Court
Negligence
Citation
Case Number: 
2016 IL App (1st) 153539
Decision Date: 
Wednesday, December 21, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
LAVIN

Court properly granted summary judgment for Defendants, the premises owner and the company constructing a gas station personal injury action. Plaintiff, while walking on sidewalk near intersection, fell suddenly into a hole which Defendants had excavated during construction. Court properly found condition of parkway of premises to be an open and obvious hazard as a matter of law, as Plaintiff's testimony shows knowledge of existence of condition of parkway and appreciation of danger it presented. Plaintiff's distraction, a braking sound behind him as he walked along a street, is commonplace and not a special circumstance, and no evidence that Defendants contributed to distraction. Thus, distraction exception inapplicable as a matter of law. (FITZGERALD SMITH and COBBS, concurring.)