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DiMARCO v. CITY OF CHICAGO

No. 1-94-1827.

662 N.E.2d 525 (1996)

278 Ill. App.3d 318

214 Ill.Dec. 959

Mary DiMARCO, Plaintiff-Appellant and Cross-Appellee, v. The CITY OF CHICAGO, a municipal corporation, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

February 22, 1996.

Attorney(s) appearing for the Case

Michael W. Rathsack, Chicago, for appellant and cross-appellee (Robert J. Napleton and Michael W. Rathsack, of counsel).

Susan S. Sher, Corporation Counsel of the City of Chicago, for appellee and cross-appellant (Lawrence Rosenthal, Deputy Corporation Counsel, Benna Ruth Solomon, Chief Assistant Corporation Counsel, and John H. Erlich, Assistant Corporation Counsel, of counsel).

Justice THEIS delivered the opinion of the court:

The plaintiff, Mary DiMarco ("DiMarco"), brought a negligence action against the City of Chicago ("City") to recover for injuries sustained after tripping and falling on a curb in Chicago. In response to a special interrogatory, the jury found that the City did not have constructive notice of the defect in the curb. The jury also awarded the plaintiff $2,767,581.35. Ultimately, the trial court entered a judgment notwithstanding...

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