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Friday, April 26, 2019

City Not Liable For Pothole Injury to Driver Who Was Illegally Parked

An Illinois appellate court ruled in favor of a municipality in a case involving an individual who was allegedly injured when she stepped into a pothole in the street while returning to her parked car. The City had argued that the individual was not an "intended and permitted" user of the street because she had parked her car 5 feet into a marked no-parking zone within 15 feet of a hydrant. She argued that most of her car was legally parked, and that the pothole was outside of the no-parking zone. The court agreed with the City, finding that because she was illegally parked in violation of a City ordinance, she was not an "intended and permitted user." As a result, the City did not owe a duty to her under the Tort Immunity Act. Ramirez v. City of Chicago.


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