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KURCZAK v. CORNWELL

No. 2-05-0017.

835 N.E.2d 452 (2005)

359 Ill. App.3d 1051

296 Ill.Dec. 418

John KURCZAK, Plaintiff-Appellant and Cross-Appellee, v. Noel CORNWELL, f/k/a Noel Buczkowski, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois, Second District.

September 16, 2005.

Attorney(s) appearing for the Case

Aldo E. Botti and Carla Labunski, Botti, Marinaccio & DeLongis, Ltd., Oak Brook, IL, for John Kurczak.

Daniel E. Compton, Brittain & Ketcham, P.C., Elgin, IL, for Noel Cornwell.

Justice BOWMAN delivered the opinion of the court:

In this case, we consider whether a paved walkway on residential property constitutes a "sidewalk[ ] abutting the property" under the Snow and Ice Removal Act (Act) (745 ILCS 75/2 (West 2000)). On January 7, 2001, plaintiff, John Kurczak, slipped and fell on a paved walkway leading from the driveway to the home of defendant, Noel Cornwell, f/k/a Noel Buczkowski. After plaintiff filed a one-count complaint alleging...

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