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Krampert v. Village of Mount Prospect

June 04, 2001

JANE L. KRAMPERT, PLAINTIFF-APPELLANT
v.
THE VILLAGE OF MOUNT PROSPECT, MUNICIPAL CORPORATION, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Cook County No. 99 M1 306430 The Honorable John G. Laurie, Judge Presiding.

The opinion of the court was delivered by: Justice Cohen

Not Released For Publication

JANE L. KRAMPERT, PLAINTIFF-APPELLANT
v.
THE VILLAGE OF MOUNT PROSPECT, MUNICIPAL CORPORATION, DEFENDANT-APPELLEE.

Appeal from the Circuit Court of Cook County No. 99 M1 306430 The Honorable John G. Laurie, Judge Presiding.

The opinion of the court was delivered by: Justice Cohen

The plaintiff, Jane Krampert, tripped and fell while crossing Prospect Avenue in the Village of Mount Prospect (the Village) fracturing her elbow. She filed suit against the Village for negligence in failing to maintain the pavement in the median. The trial court granted summary judgment in favor of the Village.

 We affirm.

BACKGROUND

On November 20, 1998, at approximately 5 p.m., the plaintiff parked her car on the north side of Prospect Avenue near Route 83. She was going to Keefer's Pharmacy, located on the other side of the street, in order to pick up a prescription. There is a crosswalk traversing Prospect Avenue at Route 83, but there is not a sidewalk on the north side of Prospect Avenue leading to the crosswalk.

The median is partially planted with grass and trees and partially paved. At the time, there was a light dusting of snow on the median. The plaintiff crossed over a part of the median that tapered to a point to allow for a turn lane at Route 83. The pavement in this area is cracked and uneven. As the plaintiff walked, she tripped and fell, fracturing her elbow. The plaintiff pointed out at her deposition a three- or four-foot stretch of the median within which she tripped.

After falling, the plaintiff went into Keefer's pharmacy and picked up her prescription. She sat down for a brief period because she felt "shaken," although she did not know that she was injured. An employee of the pharmacy suggested that she file an accident report with the Village which plaintiff later did. The employee, Maureen Kobler, explained to the plaintiff that she also had tripped and fallen in the street outside the pharmacy and had reported the fall to the Village.

The plaintiff left the pharmacy, again crossing the street on her way home. Later that evening she noticed that she was having trouble moving her arm. She went to an emergency room, where it was determined that she had fractured her elbow. The plaintiff filed suit against the Village alleging that she was injured due to the negligence of the Village in maintaining the roadway.

The Village filed a motion for summary judgment arguing, among other things, that the Village, as a matter of law, could not be liable to the plaintiff, because: (1) the plaintiff, as a pedestrian, was not an intended user of the median; and (2) the Village did not have notice of the alleged defect. The circuit court ...


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