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Case Law Update: Negligence in Slip and Fall

Callaghan v. The Village of Clarendon Hills, No. 2-09-0482 (4-29-10) affirmed a case that found that the plaintiff was injured when she slipped and fell on ice and snow while walking on public sidewalk near a public park within a residential area. Court properly dismissed negligence count, as Tort Immunity Act contemplates determination of immunity for bounded public property, and sidewalk here was immediately adjacent to a park; and Park District maintained it, indicative of intended use for recreational purposes. Court properly dismissed willful and wanton count, as facts alleged do not support inference of willful and wanton conduct; Defendants did not do anything to protect some persons and not others, and did not intentionally remove any safety device. This Illinois case will impact slip and fall cases.