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ARTICLE ID 185697

$________ AFFIRMED ON APPEAL – MUNICIPAL LIABILITY– FAILURE TO MAINTAIN ALLEY – SOFTBALL-SIZED HOLE CAUSES PLAINTIFF TO FALL WHILE THROWING AWAY GARBAGE IN ALLEY BINS – FRACTURE OF RIGHT ELBOW.

Cook County, IL

In this negligence matter, the plaintiff alleged that the defendant city was liable for its failure to maintain the alley adjacent to the plaintiff’s residence where she placed her trash containers. The plaintiff sustained an elbow fracture when she fell as a result of a hole in the alley while disposing of yard waste. The defendant denied the allegations and maintained that it owed no duty of care to the plaintiff since she was not an intended user of the alley.

The plaintiff resided next to an unpaved alley and kept her waste bins in the alley. On July 20, ________ as the 39-year-old female plaintiff was walking to throw away her yard waste in the bin she kept in the alley she stepped into a softball sized hole which caused her to fall and fracture her right elbow. The plaintiff contended that the city was on notice of the condition of the alley. The plaintiff brought suit against the defendant city alleging negligence in failing to maintain and repair the alley.

The defendant maintained that the plaintiff was not an intended user of the alley and therefore the plaintiff was not owed a duty of care. Further the defendant had maintained that work was performed on the alley but could not produce records to substantiate its contentions of work performed at the site.The matter proceeded to trial and the jury returned its verdict finding each of the parties 50% responsible for the plaintiff’s injuries. The jury awarded the sum of $________ in past medical expenses; $________ in future medical expenses; $________ for lost time; and $________ for past and future pain and suffering.

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