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BERZ v. CITY OF EVANSTON

Docket No. 1-12-3763.

997 N.E.2d 733 (2013)

2013 IL App (1st) 123763

375 Ill. Dec. 422

Thomas BERZ, Plaintiff-Appellant, v. The CITY OF EVANSTON, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

September 27, 2013.

Attorney(s) appearing for the Case

Corboy & Demetrio, of Chicago ( Francis Patrick Murphy , of counsel), for appellant.

W. Grant Farrar , Corporation Counsel, of Evanston ( Henry J. Ford, Jr. , and James B. Woywod , of counsel), for appellee.

OPINION

Justice LAMPKIN delivered the judgment of the court, with opinion.

¶ 1 Plaintiff, Thomas Berz, appeals the circuit court's order dismissing his third amended complaint pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2010)) where the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. (West 2010)) immunized defendant, the City...

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