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BARNHISEL v. VILLAGE OF OAK PARK

No. 1-98-4574.

724 N.E.2d 194 (1999)

311 Ill. App.3d 108

243 Ill.Dec. 885

Helen BARNHISEL, Plaintiff-Appellant, v. VILLAGE OF OAK PARK, a municipal corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

December 30, 1999.

Attorney(s) appearing for the Case

Lawrence H. Hyman & Associates, Chicago (Lawrence H. Hyman, of counsel), for Appellant.

Judge, James & Dutton, Ltd., Park Ridge (Jay S. Judge, Kathryn James Anderlik, Thomas J. Keevers, of counsel), for Appellee.

Justice GORDON delivered the opinion of the court:

The plaintiff, Helen Barnhisel, instituted the instant personal injury action against the defendant, Village of Oak Park (the "Village"), seeking recovery for injuries she sustained when she tripped on a crack in a sidewalk and stumbled into a tree cut-out area adjacent to the sidewalk. The trial court granted summary judgment to the Village, finding the Village owed no duty of care because the crack in the sidewalk...

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