2011 IL App (1st) 103742
Ill. App. Ct.2011Background
- 8460 North Skokie Boulevard building on corner of Skokie Blvd and Lee St; rear entrance sidewalk runs along parking lot and abuts Lee St sidewalk.
- Skokie and Rosen contracted with Canopy Snow Plowing (parking lot snow) and with Maintenance Hot Line (snow/ice on Lee St sidewalk); rear entrance sidewalk not contracted for removal.
- Tamara Pikovsky, Feb 21, 2008, slipped on rear entrance sidewalk due to icy mounds allegedly created by parking-lot snow plowed onto that sidewalk.
- Canopy’s co-owner testified snow sometimes plowed onto rear sidewalk; not requested to deposit snow otherwise; mounds could be several feet high and melted/re-froze over winter.
- Tamara filed negligence suit; Skokie and Rosen moved for summary judgment claiming immunity under Illinois Snow and Ice Removal Act (745 ILCS 75/2).
- Trial court granted summary judgment; held Act immunizes unless conduct was willful or wanton; ordinances of Skokie deemed inapplicable due to private rear sidewalk not a public way.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Illinois Snow and Ice Removal Act immunize Skokie and Rosen from Tamara’s negligence claim? | Tamara: Act does not immunize because rear sidewalk not removed; not in class protected. | Skokie/Rosen: Act immunizes for removal efforts; omissions do not defeat immunity. | Act immunizes; no willful/wanton conduct shown. |
| Are Skokie Code ordinances applicable to the rear entrance sidewalk? | Tamara argues ordinances apply and create liability. | Skokie/Rosen: rear sidewalk is private, not a public way; ordinances inapplicable. | Ordinances inapplicable; no violation found. |
Key Cases Cited
- Gallagher v. Union Square Condominium Homeowners Ass'n, 397 Ill.App.3d 1037 (2010) (immunity under the Act; willful or wanton standard applied)
- Sullivan v. City of Hillsboro, 303 Ill.App.3d 650 (1999) (willful or wanton definition in negligence context)
- In re Estate of Dierkes, 191 Ill.2d 326 (2000) (statutory interpretation and plain language analysis)
- Schulenburg v. Rexnord Inc., 254 Ill.App.3d 445 (1993) (de novo review of summary judgment; evidence standard)
- Landeros v. Equity Property & Development, 321 Ill.App.3d 57 (2001) (evidentiary materials and record supplementation on appeal)