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WAGNER v. CITY OF CHICAGO

Nos. 1-91-3872, 1-91-3906.

626 N.E.2d 1227 (1993)

254 Ill. App.3d 842

193 Ill.Dec. 676

Devra WAGNER, Plenary Guardian of the Estate of Troy M. Wagner, a disabled person, Plaintiff-Appellant, v. CITY OF CHICAGO, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied January 5, 1994.

Attorney(s) appearing for the Case

Mark S. Grotefeld, Carol M. Douglas of Robins, Kaplan, Miller & Ciresi, Chicago, and David W. McKenna, Corey L. Gordon of Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, for plaintiff-appellant.

Kelly R. Welsh, Corp. Counsel of the City of Chicago, Chicago (Lawrence Rosenthal, Benna Ruth Solomon, Joan Flynn, of counsel), for defendant-appellee.

Justice GREIMAN delivered the opinion of the court:

Troy Wagner ("plaintiff") was severely injured in an accident at an intersection in which his motorcycle collided with a pickup truck driven by Paul Roszkowski. Plaintiff's guardian filed suit against both Roszkowski and the City of Chicago ("City"), but settled with Roszkowski. At trial, the jury found the City negligent, but also determined that plaintiff had been 50% at fault, and so reduced his damages accordingly...

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