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LEONE v. CITY OF CHICAGO

No. 1-91-0264.

601 N.E.2d 942 (1992)

235 Ill. App.3d 595

176 Ill.Dec. 244

Cynthia LEONE, Plaintiff-Appellee, v. CITY OF CHICAGO, a municipal corporation, Defendant-Appellant

Appellate Court of Illinois, First District, Fifth Division.

September 4, 1992.

Attorney(s) appearing for the Case

Kelly R. Welsh, Chicago Corp. Counsel (Lawrence Rosenthal, Benna Ruth Solomon, Brian Trubitt, of counsel), for defendant-appellant.

Joseph R. Curcio, Ltd., Chicago, for plaintiff-appellee.

Presiding Justice McNULTY delivered the opinion of the court.

Defendant City of Chicago appeals the decision of the trial court holding it liable to plaintiff for a police officer's ordinary negligence in enforcing traffic laws. Because we find, as did the trial court, that while the officer was performing an ordinary traffic stop, he assumed and breached a special duty of care to plaintiff, we affirm his (and the City's) liability for negligence.

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