Illinois Appellate Court
Civil Court
Tort Immunity Act
Plaintiff filed a complaint for negligence alleging he was injured when he fell off of his bicycle after hitting a pothole while riding in a crosswalk. The trial court granted defendant’s motion to dismiss, which alleged that plaintiff was not a permitted and intended user of the roadway. The appellate court reversed, finding that the location of the accident, which was near a bicycle rental station owned by the city showed an implied intent that bicycles were permitted and intended users of the roadway. (ELLIS and BURKE, concurring)