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09/04/87 Michael Burke, v. the City of Chicago Et Al.

September 4, 1987

MICHAEL BURKE, PLAINTIFF-APPELLANT

v.

THE CITY OF CHICAGO ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

513 N.E.2d 984, 160 Ill. App. 3d 953, 112 Ill. Dec. 375 1987.IL.1293

Appeal from the Circuit Court of Cook County; the Hon. Thomas R. Rakowski, Judge, presiding.

APPELLATE Judges:

JUSTICE MURRAY delivered the opinion of the court. SULLIVAN, P.J., and LORENZ, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MURRAY

This is an appeal by plaintiff, Michael Burke, from a trial court's summary judgment in favor of all defendants in a fall-on-ice-and-snow negligence action.

On December 21, 1981, Burke, an employee of Northwest Airlines, slipped on ice and was injured as he exited a truck-stair vehicle he was using to deplane passengers from his employer's aircraft, Northwest Airlines, Inc. (Northwest), parked at gate C-3 at Midway Airport in Chicago, Illinois. In December 1982, Burke filed a negligence action against the city of Chicago to recover damages. He later filed an amended complaint adding McKay Contractors, Inc., and George J. Beemsterboer, Inc., as party-defendants. The city had hired McKay and Beemsterboer to remove snow by plowing at the airport. In a second amended complaint he charged the city, McKay, and Beemsterboer with:

(1) Failing to provide snow removal services, permitting dangerous ice accumulations to exist thereon.

(2) Failure to warn of a dangerous ice condition.

(3) Failure to properly remove snow, allowing dangerous ice accumulation to form.

In addition to the above, Burke charged the city with failure to spread or provide salt or urea in icy areas as required by an agreement with the airlines.

The various defendants filed motions for summary judgment. On January 15 and January 30, 1986, the trial court granted the summary judgments of McKay and Beemsterboer, respectively. On February 19, 1986, plaintiff filed his motion for summary judgment and his reply to the city's and the other defendant's motions. On March 25, 1986, judgment was entered in favor of the city and the other defendants. This terminated the litigation in the trial court. Plaintiff has appealed.

On appeal plaintiff raises three points:

(1) He contends all defendants had a duty to remove the snow accumulation from the site ...


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