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Appellate Court States the Open and Obvious in Rejecting Cook County Personal Injury Claim

A panel of judges in the First District cited a man’s admission at trial that distraction played a role in the injuries he suffered on a suburban sidewalk in upholding a lower court ruling that absolved the local government for failing to alert pedestrians to the uneven pavement that caused his fall. James Foy contended that negligence by the Village of La Grange was the root cause for the two-inch deviation in the concrete slab that he tripped over on a spring day in 2017. Foy, who filed the suit in Cook County 11 months later, suffered a broken wrist and broken rib in the accident.

However, Circuit Judge Catherine Schneider granted a summary judgement for dismissal, in part saying the misalignment was so open and obvious that the village was under no duty to advise pedestrians of the potential danger. The three-member panel of judges agreed, ruling that Foy’s appeal failed both on his testimony that, had he been paying attention, he’d have seen the danger. And, that he provided no evidence in support of his claim on appeal that the village knew about the uneven sidewalk but failed to take action.

The Chicagoland Law Firm helps clients who have been injured by the negligence of others, including in pedestrian accidents. We handle cases in Cook and DuPage counties and across the state from our offices in Downers Grove and Downtown Chicago. Contact us today for a free consultation with our Personal Injury Lawyer, who can help assess your claim and how best to seek compensation.

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