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03/31/95 JOAN ELLISON v. VILLAGE NORTHBROOK

March 31, 1995

JOAN ELLISON, PLAINTIFF-APPELLANT,
v.
VILLAGE OF NORTHBROOK, A MUNICIPAL CORPORATION, AND PINNER ELECTRIC COMPANY, A CORPORATION, DEFENDANT-APPELLEES.



Appeal from the Circuit Court of Cook County. Honorable Odas Nicholson Judge Presiding.

Rehearing Denied June 2, 1995. Released for Publication June 23, 1995.

The Honorable Justice Tully delivered the opinion of the court: Rizzi and Greiman, JJ., concur.

The opinion of the court was delivered by: Tully

JUSTICE TULLY delivered the opinion of the court:

Plaintiff, Joan Ellison, brought the present action against defendants, Village of Northbrook (hereinafter Northbrook) and Pinner Electric Company (hereinafter Pinner), to recover damages for injuries she sustained in an automobile accident. Northbrook filed a motion to dismiss the complaint pursuant to section 2-619 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2-619 (now 735 ILCS 5/2-619 (West 1992))) citing the Local Governmental and Governmental Employees Tort Immunity Act (hereinafter Act) as a bar to plaintiff's claim. (Ill. Rev. Stat. 1987, ch. 85, par. 1-101 et. seq. (now 745 ILCS 10/3-101, et. seq. (West 1992))). Pinner filed a motion to dismiss the complaint pursuant to section 2-615 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2-615 (now 735 ILCS 5/2-615 (West 1992))) asserting they owed no duty to the plaintiff. The trial court sustained both motions and dismissed plaintiff's third amended complaint at law. It is from this order plaintiff now appeals pursuant to Supreme Court Rule 304(a). 134 Ill. 2d R. 304(a).

FACTUAL BACKGROUND

On July 25, 1988, plaintiff, Joan Ellison was injured in an automobile accident at the intersection of Waukegan Road and Walters Avenue in the Village of Northbrook. Plaintiff was travelling northbound on Waukegan and attempted to turn left on to Walters when she was struck by two vehicles proceeding in a southerly direction on Waukegan. Plaintiff initially filed suit against the drivers of these two vehicles.

Plaintiff subsequently amended her complaint to include as defendants, Northbrook and Pinner. In her third amended complaint, plaintiff alleged that Northbrook disregarded its duty to exercise ordinary care and was guilty of one of the following careless and negligent acts or omissions of duty:

"(a) Failed to split the phase on Waukegan Road traffic signal for north and southbound traffic to provide sufficient time for northbound traffic to turn west and southbound traffic to turn east.

(b) Failed to provide an intersection that is reasonably safe for northbound traffic turning left by failing to stagger the timing in the Waukegan Road traffic control signal.

(c) Failed to monitor the intersection and make traffic engineering studies after having prior notice of numerous accidents at said intersection.

(d) Failed to monitor the approach speeds of vehicles from all sides of the intersection.

(e) Failed to make origin and destination studies and/or traffic counts of each leg of the Walters Avenue and Waukegan Road intersection.

(f) Failed to provide sufficient time for motorists to turn left at said intersection by splitting the light ...


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