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GARCIA v. CITY OF CHICAGO

No. 1-91-3156.

608 N.E.2d 239 (1992)

240 Ill. App.3d 199

181 Ill.Dec. 166

Lucy GARCIA, Plaintiff-Appellee, v. CITY OF CHICAGO, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

December 18, 1992.

Attorney(s) appearing for the Case

Kelly R. Welsh, Corp. Counsel, Chicago (Lawrence Rosenthal, Deputy Corp. Counsel, Benna Ruth Solomon, Chief Ass't. Corp. Counsel, Brian Trubitt, Ass't. Corp. Counsel, of counsel), for defendant-appellant.

Michael W. Rathsack, Chicago (Louis S. Goldstein, Cindy G. Fluxgold, and Michael W. Rathsack, of counsel), for plaintiff-appellee.

Justice McNAMARA delivered the opinion of the court:

Plaintiff, Lucy Garcia, 27 years of age, brought this action against defendant, City of Chicago, for injuries sustained while riding her bicycle on a City sidewalk. She charged that the City was negligent in the maintenance of its sidewalk. The City raised the application of section 9-52-020(b) of the Municipal Code prohibiting bicycle riding on the sidewalks by persons over 12 years of age as an affirmative defense...

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