Court found that City had no notice of the dangerous condition and was entitled to immunity where Plaintiff tripped over a water shut off valve.

December 16, 2020

The Honorable James R. Murphy in Kane County Illinois granted summary judgment on a resident’s negligence claim against the City of Geneva in Robert Ingold v. City of Geneva, et al., Kane Co. Case No. 2018 L 591.  Plaintiff, a city resident, tripped and fell over a water-shut-off valve in a parkway outside a bakery in the late evening in May 2018. Plaintiff suffered a knee injury that required surgery. Plaintiff sued the owner of the commercial building and apartments abutting the parkway, and the City alleging negligence in allowing tall grass to grow in violation of the local nuisance ordinance, concealing the valve.

No prior complaints had ever been made regarding the parkway, and no prior trip-and-falls had occurred before Plaintiff’s fall. The Court found that the City lacked actual or constructive notice that the shut-off valve was a trip hazard or otherwise unreasonably dangerous. The Court further found that the City was immune from suit based on discretionary immunity and the City was immune for a failure to enforce their ordinance against the property owner under the Tort Immunity Act. Therefore, the Village was entitled to discretionary immunity under the Tort Immunity Act. The Court granted summary judgment in the City’s favor. The City was represented by Charles Hervas and Tony Fioretti.

Robert Ingold v. City of Geneva, et al., Case No. 2018 L 591 (Kane Co. Cir. Ct., Dec. 2, 2020).

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