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WAGNER v. CITY OF CHICAGO

No. 76839.

651 N.E.2d 1120 (1995)

166 Ill.2d 144

209 Ill.Dec. 672

Devra WAGNER, Plenary Guardian of Estate of Troy Wagner, a Disabled Person, Appellee, v. The CITY OF CHICAGO, Appellant.

Supreme Court of Illinois.

May 18, 1995.

Attorney(s) appearing for the Case

Susan S. Sher, Corporation Counsel, Chicago (Lawrence Rosenthal and Benna Ruth Solomon, of counsel), for appellant.

Mark S. Grotefeld and Martha J. Burns, Chicago, and Corey L. Gordon, Minneapolis, Minnesota, all of Robins, Kaplan, Miller & Ciresi, for appellee.

Jack O'Malley, State's Atty., Chicago (Karen A. Covy and William P. Pistorius, Asst. State's Attys., of counsel), for amicus curiae County of Cook.

Beth Anne Janicki, Springfield, for amicus curiae Illinois Municipal League.

Justice NICKELS delivered the opinion of the court:

Defendant, the City of Chicago, appeals from a verdict for the plaintiff, Devra Wagner, plenary guardian of the estate of Troy Wagner, and against the city. Plaintiff brought suit in the circuit court of Cook County against the city for injuries suffered in an accident on the city's street. The city appealed, claiming, inter alia, that section 3-102(a) of the Local Governmental and Governmental Employees Tort...

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