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TOMCZAK v. PLANETSPHERE, INC.

No. 1-99-3603.

735 N.E.2d 662 (2000)

315 Ill. App.3d 1033

249 Ill.Dec. 58

Camille TOMCZAK, Plaintiff-Appellant, v. PLANETSPHERE, INC., d/b/a Orbit Skating Center, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

August 14, 2000.

Attorney(s) appearing for the Case

Simpson & Cybak, Chicago (Robert Cybak, Ronald Hahn, of counsel), for Appellant.

Sanchez & Daniels, Chicago (Mark E. Winters, Heather D. Erickson, of counsel), for Appellee.

Justice GALLAGHER delivered the opinion of the court:

This is an appeal from an order that granted summary judgment to defendant. Plaintiff, Camille Tomczak, appeals, claiming that the Roller Skating Rink Safety Act (the Act) (745 ILCS 72/1 et seq. (West 1998)) does away with the requirement that a plaintiff must allege and prove actual or constructive notice on the part of a landowner before liability will attach. This is an issue of first impression under...

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