In the matter of Edward Gliwa v. 333 S. Ardmore LLC v. Village of Villa Park, 2017 -L-80, on February 9, 2015, Plaintiff, a bread delivery-man, was caused to slip and fall on an unnatural patch of ice in an alley while making a delivery of bread. The ice was allegedly caused by a downspout discharging snowmelt into the alley. Defendants/Third-party Plaintiffs alleged that the Village of Villa Park knew of this and failed to remedy the downspout discharging water into the public right-of-way (alley). The Court held that it would have granted the Village’s motion for summary judgment on the issue of whether Mr. Gliwa was an “intended” user of the alley, but granted the Village’s Motion for Good Faith finding and approved a nominal settlement of $5,000.00. This settlement effectively eliminated an appeal by the Defendants/Third-party Plaintiffs.
Unfortunately, Mr. Gliwa sustained serious injuries and lost income as a result of the accident, but this was an all around win for the Village of Villa Park.