Martin v. City of Chicago

Plaintiff filed a lawsuit for personal injuries she sustained after she tripped and fell on a city sidewalk. The jury returned a verdict in favor of the defendant and plaintiff appealed, arguing that the trial court erred when it refused plaintiff’s instruction on ordinary negligence and instead instructed the jury on premises liability. The appellate court affirmed, finding that the trial court did not abuse its discretion because the defect that caused plaintiff’s injury was not created by the actions of the defendant. (REYES and R. VAN TINE, concurring)