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PROSTRAN v. CITY OF CHICAGO

No. 1-03-0656.

811 N.E.2d 364 (2004)

349 Ill.App.3d 81

285 Ill.Dec. 123

Mildred PROSTRAN, Plaintiff-Appellant, v. The CITY OF CHICAGO, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

June 11, 2004.

Attorney(s) appearing for the Case

Mullen, Minella & Kelliher, Chicago (Richard C. Gleason, of counsel), for Appellant.

Mara S. Georges, Corporation Counsel of the City of Chicago, Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Valerie Quinn, of counsel), for Appellee.

Presiding Justice FROSSARD delivered the opinion of the court:

In this personal injury case, plaintiff Mildred Prostran sued the City of Chicago (the City), alleging that she fell on a dug-up section of sidewalk and broke two bones in her left wrist. The City moved for summary judgment, arguing that it owed plaintiff no duty as the defect in the sidewalk was open and obvious and that it was immune from liability for failure...

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