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POINDEXTER v. CITY OF CHICAGO

No. 1-92-1279.

617 N.E.2d 206 (1993)

247 Ill. App.3d 47

186 Ill.Dec. 967

Michael POINDEXTER, Plaintiff-Appellant, v. CITY OF CHICAGO, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

May 14, 1993.

Attorney(s) appearing for the Case

Kipnis, Kahn & Bruggeman, Ltd., Chicago (Glenn J. Kahn, of counsel), for plaintiff-appellant.

Kelly R. Welsh, Corp. Counsel, City of Chicago (Lawrence Rosenthal, Benna Ruth Solomon, Bobbie McGee Gregg, of counsel), for defendant-appellee.

Justice COUSINS delivered the opinion of the court:

The plaintiff, Michael Poindexter, filed a complaint against the defendant, City of Chicago (City), seeking to recover damages for personal injuries suffered when he fell into an open utility hole in the street.

Defendant answered and, as its affirmative defense, alleged that plaintiff had not fulfilled the requirements of the Local Governmental and Governmental Employees Tort Immunity Act (Ill.Rev.Stat.1989...

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