DeMambro v. City of Springfield
990 N.E.2d 1255
Ill. App. Ct.2013Background
- Plaintiff Laura DeMambro injured her ankle by stepping into a pothole on a city street while entering her legally parked vehicle near the curb.
- The City of Springfield admitted that parking is permitted at the location, though there were no signs, meters, or marked spaces.
- The trial court granted summary judgment in favor of the City, holding DeMambro was not an intended user under 745 ILCS 10/3-102(a).
- The appellate court reversed, concluding DeMambro was an intended user of the area immediately around her lawfully parked vehicle under the Tort Immunity Act.
- The court relied on Di Domenico and Curatola-like reasoning, distinguishing cases that limited intended users to areas around parked vehicles and noting the absence of required signs or markings.
- The case was remanded for further proceedings consistent with the intended-use determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was DeMambro an intended user under 3-102(a)? | DeMambro was an intended user of the area around her parked vehicle. | DeMambro was not an intended user due to lack of physical manifestations of intent by the City. | Yes; she was an intended user. |
| Does Di Domenico control the intended-use analysis here | Di Domenico supports intended-use around a legally parked vehicle. | Curatola/Vaughn distinctions limit the scope and may support not-intended-use. | Di Domenico/Curatola guidance applied; plaintiff intended; remanded. |
Key Cases Cited
- Di Domenico v. Village of Romeoville, 171 Ill. App. 3d 293 (1988) (endorses intended and permitted use around a parked vehicle)
- Wojdyla v. City of Park Ridge, 148 Ill. 2d 417 (1992) (distinguishes Di Domenico when not near parked vehicle)
- Curatola v. Village of Niles, 154 Ill. 2d 201 (1993) (restates focus on area around a parked vehicle for intended use)
- Vaughn v. City of West Frankfort, 166 Ill. 2d 155 (1995) (limits duty except in area immediately around a parked vehicle)
- Boub v. Township of Wayne, 183 Ill. 2d 520 (1998) (bicyclists are permitted but generally not intended users)
- Grove v. City of Park Ridge, 240 Ill. App. 3d 659 (1992) (Di Domenico controlling; duty around legally parked vehicle)