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WEST v. KIRKHAM

No. 4-89-0840.

201 Ill. App.3d 1051 (1990)

560 N.E.2d 632

NOMA WEST, Plaintiff-Appellant, v. PERRY M. KIRKHAM et al., Defendants (The City of Urbana, Defendant-Appellee).

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing September 25, 1990.

Attorney(s) appearing for the Case

Andrew J. Kleczek, of Kelly & Kleczek, of Joliet, for appellant.

Anne C. Burr and Howard W. Small, both of Thomas, Mamer & Haughey, of Champaign, for appellee.

Reversed and remanded.

PRESIDING JUSTICE KNECHT delivered the opinion of the court:

Plaintiff Noma West filed a damage action against defendant City of Urbana (City) to recover for injuries sustained in an automobile accident on June 9, 1988. The City responded with a motion for summary judgment. The trial court granted that motion, citing the Local Governmental and Governmental Employees Tort Immunity Act (Act) (Ill. Rev.

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