Class Action Challenging Chicago's Water Main Replacement Program Dismissed
The Illinois Supreme Court recently held that the trial court properly dismissed a class action lawsuit against the City of Chicago that had claimed that the City's water main replacement program increased the risk of harm to the plaintiffs of lead poisoning. Specifically, the Supreme Court determined that the plaintiffs did not establish that they suffered any bodily harm by any alleged negligence by the City, and that plaintiffs could not recover solely on their claim that the City's project increased their risk of harm. The Court also dismissed the plaintiffs inverse condemnation claims finding that the plaintiffs did not allege that the service lines were rendered unusable or that they were unfit for human use as a result of the replacement program, meaning they failed to show any measurable, pecuniary harm caused by the repair work. Berry v. City of Chicago.
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