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08/23/96 SHIBLI KHALIL v. CITY CHICAGO

August 23, 1996

SHIBLI KHALIL, PLAINTIFF-APPELLANT,
v.
THE CITY OF CHICAGO, A MUNICIPAL CORPORATION, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Cook County. The Honorable Clarence Bryant, Judge Presiding.

Released for Publication October 4, 1996.

Presiding Justice Zwick delivered the opinion of the court. McNAMARA, J., and Leavitt, J., concur.

The opinion of the court was delivered by: Zwick

PRESIDING JUSTICE ZWICK delivered the opinion of the court:

Plaintiff, Shibli Khalil, instituted this action seeking recovery for personal injuries allegedly caused by the negligence of defendant, the City of Chicago (the City). The trial court granted the City's motion for summary judgment based upon the statutory immunity conferred by section 3-102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act) (745 ILCS 5/3-102(a) (West 1994)). On appeal, plaintiff contends that the trial court erred in entering summary judgment in favor of the City.

The record reveals that plaintiff was injured at approximately 2 a.m. on November 14, 1992, while he was walking through an alley to a restaurant. In his complaint, plaintiff alleged that just before the accident, he had parked his car in the restaurant parking lot located at 1135 North Ashland Avenue. While walking through the alley which was perpendicular to the parking lot, he sustained injuries when he tripped and fell due to a hole in the middle of the alley. Plaintiff's complaint asserted that the City had acted negligently in the following respects:

(a) allowed a defective and dangerous condition to exist;

(b) failed to maintain the alley in a reasonably safe condition;

(c) failed to repair the defective and dangerous condition;

(d) permitted the property to become and remain in a condition which would endanger pedestrians; and

(e) failed to place any barricades or warnings around the defective and dangerous condition.

The cause was transferred to the mandatory arbitration calendar, and the arbitrators subsequently entered an award of $15,000 in favor of plaintiff. This award was rejected by the City, and the cause proceeded before the trial court.

The City thereafter filed a motion for summary judgment, asserting that it was immune from liability pursuant to section 3-102(a) of the Tort Immunity Act. The trial court granted the City's motion, and plaintiff has appealed.

A motion for summary judgment should be granted when the pleadings, depositions, admissions, and affidavits establish that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005 (West 1994); Kolakowski ...


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