Civil procedure — tort immunity, res ipsa loquitur

Posted April 27, 2017 12:08 PM

Where a plaintiff files suit against a municipal entity in Illinois claiming negligence related to a dangerous condition, they must establish actual or constructive notice of the condition and cannot proceed on the theory of res ipsa loquitur.The 1st District Appellate Court affirmed the decision of Cook County Circuit Judge John H. Ehrlich.On April 18, 2013, Mirko Krivokuca was driving his pickup truck through an intersection in Chicago, when he struck a pothole. Krivokuca testified that when he struck the pothole, a …

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