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INDEPENDENT TRUST CORP. v. CITY OF CHICAGO DEPT. OF WATER

No. 1-96-2978.

693 N.E.2d 459 (1998)

295 Ill. App.3d 811

230 Ill.Dec. 330

INDEPENDENT TRUST CORPORATION, and First Management Realty Corporation, Plaintiffs-Appellants, v. The CITY OF CHICAGO DEPARTMENT OF WATER, Defendant-Appellee. (Lumbermens Mutual Casualty a/s/o Corporation Supply Co., Pago Pago II, Inc., Plaintiffs-Appellants; The City of Chicago, a Municipal Corporation, Defendant-Appellee.)

Appellate Court of Illinois, First District, Fourth Division.

March 31, 1998.

Attorney(s) appearing for the Case

Cozen and O'Connor, Mark T. Mullen, James P. Cullen, Philadelphia, PA, Swanson, Martin and Bell, Brian Bell, Barbara Petrungar, Chicago, for plaintiffs-appellants Independent Trust Corp. and First Management Realty Corp.

Clausen Miller PC, Chicago (James T. Perrini, Richard W. Strawbridge, David M. Cabrere, Susan Condon, of counsel), for plaintiff-appellant Pago Pago II, Inc.

Patricia T. Bergeson, Acting Corporation Counsel of City of Chicago (Lawrence Rosenthal, Deputy Corp. Counsel, Benna Ruth Solomon, Chief Asst. Corp. Counsel, Timothy W. Joranko, Asst. Corp. Counsel), for defendant-appellee City of Chicago Dept. of Water.

Justice McNAMARA delivered the opinion of the court:

These three consolidated cases arose from an incident on February 20, 1994, in which water flooded the basement of the building located on the corner of Wells and Randolph Streets, known as 205 West Randolph Street in the City of Chicago (the building). The plaintiffs in all three actions allege that the city negligently maintained, inspected, or repaired an underground pipe near their property. The six-inch-diameter...

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