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GAPINSKE v. TOWN OF CONDIT

No. 4-92-0840.

619 N.E.2d 1383 (1993)

250 Ill. App.3d 1045

189 Ill.Dec. 334

Gary GAPINSKE and Jane Gapinske, individually and as Special Administrators of the Estate of Adam Paul Gapinske, a stillborn child, Plaintiffs-Appellants, v. The TOWN OF CONDIT, Champaign County, Illinois, an Illinois municipal corporation; Richard Shaffer, not individually, but as Highway Commissioner of the Town of Condit, an Illinois municipal corporation; The Town of Newcomb, Champaign County, Illinois, an Illinois municipal corporation; and Richard Dean, not individually, but as Highway Commissioner of the Town of Newcomb, an Illinois municipal corporation, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided September 16, 1993.

Rehearing Denied October 13, 1993.

Attorney(s) appearing for the Case

Bruce A. Brown (argued), Goldsmith, Thelin, Schiller, Dickson & Brown, Aurora, Brian McPheters, Hatch, Blockman, McPheters, Fehrenbacher & Lyke, Champaign, for plaintiffs-appellants.

Jay S. Judge (argued), Kristine A. Karlin, Steven A. Kozicki, Judge & James, Ltd., Park Ridge, for defendants-appellees.

Presiding Justice STEIGMANN delivered the opinion of the court:

On the night of December 29, 1990, plaintiffs Gary and Jane Gapinske drove south on a township road, which was a borderline between the Town of Condit and the Town of Newcomb, both in Champaign County.

As they crossed a bridge over the Sangamon River, they drove into floodwater on the roadway. The floodwater swept their car into the river, but both plaintiffs escaped from the car and grabbed onto...

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