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MARSHALL v. CITY OF CENTRALIA

No. 69907.

570 N.E.2d 315 (1991)

143 Ill.2d 1

155 Ill.Dec. 802

John MARSHALL, a Minor, by Evelyn MARSHALL, his Mother and Next Friend, Appellee, v. The CITY OF CENTRALIA, Appellant.

Supreme Court of Illinois.

March 21, 1991.

Attorney(s) appearing for the Case

Judge & Knight, Ltd., Park Ridge (Jay S. Judge, Sarah Hansen Sotos and Kathryn M. James, of counsel), for appellant.

Kujawski & Faerber, P.C., Belleville (Fritz G. Faerber, of counsel), for appellee.

Kenneth J. Sophie, Jr., of the Law Offices of Gerard Facchini, Chicago, for amicus curiae Illinois Trial Lawyers Ass'n.

Kelly R. Welsh, Corp. Counsel, Chicago (Ruth M. Moscovitch, Chief Asst. Corp. Counsel, and Jean Dobrer, Asst. Corp. Counsel, of counsel), for amicus curiae City of Chicago.

Justice THOMAS J. MORAN delivered the opinion of the court:

The mother of the plaintiff, Evelyn Marshall, as the plaintiff's next friend, filed a complaint on behalf of her son, John Marshall, in the circuit court of Marion County, for injuries allegedly caused by the negligence of the defendant, the City of Centralia. Her son was injured when he stepped into an open sewer manhole on a parkway owned by the defendant. The defendant denied any liability and made a motion...

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