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McDERMOTT v. METROPOLITAN SANITARY DIST.

Nos. 1-89-2913, 1-90-0275.

607 N.E.2d 1271 (1992)

240 Ill. App.3d 1

180 Ill.Dec. 758

Michael McDERMOTT, Plaintiff, v. METROPOLITAN SANITARY DISTRICT et al., Defendants. Michael McDERMOTT, Plaintiff-Appellee, v. VILLAGE OF PALATINE, Defendants Appellant and Third-Party Counterplaintiff-Appellant (Metropolitan Sanitary District, Third-Party and Counterdefendant-Appellee; Salt Creek Rural Park District, Third-Party Counterdefendant).

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied January 29, 1993.

Attorney(s) appearing for the Case

David Lincoln Ader, Thomas G. DiCianni, of Ancel, Glink, Diamond & Cope, P.C., Barry G. Bollinger, Edw. F. Ruberry and Stuart A. Ringle, of Bollinger & Ruberry, Chicago, for defendant-third party (counter) plaintiff appellant.

John T. Demos, Linda A. Leonetti, of Demos & Burke, Chicago (Joseph E. Tighe, of counsel,) for plaintiff-appellee.

Williams & Montgomery, Ltd., Chicago (Barry L. Kroll, James J. Horstman, Jeffrey H. Lipe and C. Barry Montgomery, of counsel), for third party defendant-appellee.

Justice McMORROW delivered the opinion of the court:

Plaintiff Michael McDermott (McDermott) was rendered a permanent quadriplegic from injuries he sustained when he fell into a storm water drainage ditch while riding his bicycle along a dirt path in a lot in the Village of Palatine (the Village). McDermott filed suit against the Village, the Metropolitan Sanitary District (the MSD), and the Salt Creek Rural Park District (the Park District), alleging inter alia...

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