Krivokuca v. City of Chicago

Plaintiff filed negligence/res ipsa loquitur action against City, for injuries sustained after his vehicle struck a pothole, and then a sinkhole opened up in the road, causing entire car to fall into the sinkhole. Court properly granted summary judgment for City. Notice provision in Section 3-102(a) of Tort Immunity Act imposes additional element of proof not contemplated by common law res ipsa loquitur doctrine, and thus Plaintiff did not and could not, under the known facts, satisfy the notice requirement. (HOFFMAN and DELORT, concurring.)