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QUIRKE v. CITY OF HARVEY

Nos. 1-93-0856, 1-93-0981.

639 N.E.2d 1355 (1994)

266 Ill.App.3d 664

203 Ill.Dec. 536

Brian QUIRKE, Plaintiff-Appellant, v. CITY OF HARVEY et al., Defendants (Michael Cain, Counterplaintiff-Appellant, v. City of Harvey, et al., Counterdefendants-Appellees).

Appellate Court of Illinois, First District, Fourth Division.

September 8, 1994.

Attorney(s) appearing for the Case

Patrick A. Salvi, Law Offices of Patrick A. Salvi, Chicago, for appellant Quirke.

Kiesler & Berman, Chicago (Rory Cassidy, of counsel), for appellant Cain.

James D. Montgomery and Jean M. Templeton of James D. Montgomery & Associates, Ltd., Chicago, for appellee City of Harvey.

Gerald J. Porento and Robert Guritz, Chicago, for appellee Commonwealth Edison Co.

Justice THEIS delivered the opinion of the court:

We are called upon to determine whether the actions of City officials and an electric company in turning off the power line that supplied local traffic signals and street lighting created a condition or a proximate cause of an intersectional automobile collision. We conclude that these actions created a condition, and we affirm the grant of summary judgment in favor of the City and the electric company.

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