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MALEK v. CITY OF CHICAGO

No. 1-93-0267.

635 N.E.2d 1006 (1994)

263 Ill. App.3d 214

200 Ill.Dec. 667

Theodoris MALEK, Plaintiff-Appellee, v. CITY OF CHICAGO and Bureau of Forestry, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

May 27, 1994.

Attorney(s) appearing for the Case

Susan S. Sher of the Corp. Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Soloman and Brian Trubitt, of counsel), for appellant.

Michael L. Blumenthal, Chicago (David K. Kremin, of counsel), for appellee.

Presiding Justice EGAN delivered the opinion of the court:

The plaintiff, Theodoris Malek, was injured when she fell on the walk in front of her house. She sued the Bureau of Forestry of the City of Chicago (the City) for negligence. A jury found Malek and the City both 50% negligent; judgment for Malek was entered for 50% of her damages. The City now argues that Malek cannot recover 50% of her damages because the jury verdict shows that she did not exercise ordinary...

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