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CURATOLA v. VILLAGE OF NILES

No. 73474.

608 N.E.2d 882 (1993)

154 Ill.2d 201

181 Ill.Dec. 631

Carl CURATOLA, Appellant, v. The VILLAGE OF NILES, Appellee.

Supreme Court of Illinois.

January 28, 1993.

Attorney(s) appearing for the Case

Bruce D. Goodman, Bradley D. Steinberg and Margaret P. Griffiths, Steinberg, Polacek & Goodman, Lewis, Davidson & Heatherington, Ltd., Chicago, for appellant.

Robert M. Zelek, Chicago, for amicus curiae, Illinois Trial Lawyers Ass'n.

Kelly R. Welsh, Corp. Counsel, Chicago, (Lawrence Rosenthal, Mardell Nereim and Stephen Glockner, of counsel), for amicus curiae, City of Chicago.

Richard T. Ryan and Mark F. Smolens, Flynn, Murphy, Ryan & Seyring, Chicago, for appellee.

Justice FREEMAN delivered the opinion of the court:

Plaintiff, Carl Curatola, filed a negligence action in the circuit court of Cook County against defendant, the Village of Niles (Niles). Curatola sought to recover damages sustained when he stepped from the rear of his parked truck onto the street which is owned and maintained by Niles. Defendant filed a motion for summary judgment (Ill.Rev.Stat.1987, ch. 110, par. 2-1005) pursuant to section 3-102(a) of the Local...

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