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PROKES v. CITY OF CHICAGO

No. 1-89-3370.

567 N.E.2d 592 (1991)

208 Ill. App.3d 748

153 Ill.Dec. 634

Thomas PROKES, Plaintiff-Respondent, v. CITY OF CHICAGO, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

January 11, 1991.

Attorney(s) appearing for the Case

Kelly R. Welsh, Corp. Counsel of the City of Chicago (Ruth M. Moscovitch, of counsel), for defendant-appellant.

No appearance for plaintiff-respondent.

Justice EGAN delivered the opinion of the court:

The defendant, the City of Chicago, brought this interlocutory appeal under Supreme Court Rule 308. (107 Ill.2d R. 308.) The trial court certified the following questions for review by this court:

"1. Does the City owe a duty to maintain its property under Ill.Rev.Stat.1987, ch. 85, par. 3-102(a), where the use of the property is an intended and permitted use, but where the user is an unintended and unpermitted...

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