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.)
Illinois Appellate Court
Civil Court
Negligence