Feb. 2019 – The Village of La Grange continues its hot-streak in “fall-down” matters filed by its residents and visitors. In Foy v. Village of La Grange, plaintiff, James Foy, tripped and fell over a deviation between sidewalk slabs while walking home from work. The Court agreed with our argument that the condition to which Foy attributed his fall was “open and obvious” such that no duty exists as a matter of law. The Court further held that even if not open and obvious, there was no proof that the Village was actually aware of the condition or that it should have been “constructively” aware of the condition.
The Village does its best to maintain over 100 linear miles of sidewalks. Credit Denise Bruton of the Village Department of Public Works for tremendous recordkeeping and invaluable assistance to Hartigan & O’Connor. This was a small case, but a nice win for the Village and its taxpayers!