Alave v. City of Chicago

Plaintiff filed a lawsuit for personal injuries against the City of Chicago after he was injured while riding his bicycle near a bicycle share station. The circuit court entered summary judgment in favor of the defendant, finding that plaintiff was not an intended and permitted user of the roadway and, as a result, the city was immune under the Local Governmental and Governmental Employees Tort Immunity Act. The appellate court reversed and the supreme court granted defendant’s petition for leave to appeal. The supreme court reversed the appellate court and affirmed the trial court, finding that the trial court correctly concluded that the bicycle was not a permitted and intended user of the roadway at the accident site and that the city was immune. (THEIS, NEVILLE, HOLDER WHITE, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)