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Case Law Update: Tort Immunity Act as Applied to Premises Liability

Doria v. The Village of Downers Grove, No. 2-08-0821 (12-29-09) affirmed that the plaintiff fell while removing package from the car which he parked near the store building, where the gravel area and the roadway converged, and alleged that the fall was a result of four-inch difference in elevation between gravel area and an adjoining street. The nature of the gravel lot and surrounding area indicate that gravel area was not intended to be used as parking lot, and the Plaintiff demonstrated no historical use to indicate that gravel lot was so intended; thus, Village not liable under Section 3-102(a) of Tort Immunity Act. This case will impact premises liability in Illinois law.