(DOWNLOAD) "Curtis v. County of Cook" by And Reversed in Part and Remanded Illinois Appellate Court — First District (2Nd Division) Affirmed in Part # Book PDF Kindle ePub Free
eBook details
- Title: Curtis v. County of Cook
- Author : And Reversed in Part and Remanded Illinois Appellate Court — First District (2Nd Division) Affirmed in Part
- Release Date : January 21, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
On August 28, 1980, plaintiffs filed a second amended, six-count complaint (complaint), seeking damages from defendants, County of Cook (Cook County), village of Hillside (Hillside) and village of Westchester (Westchester) in each count. Hillside and Westchester moved to dismiss the complaint and Cook County moved for judgment on the pleadings, each pursuant to section 45 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 45), 1 which the circuit court granted. Plaintiffs appeal, raising the principal issue of whether plaintiffs' complaint is legally sufficient. Count I of the complaint is brought by Deborah Curtis, then age 16, through her father and next friend, Donald Curtis. That count alleges, inter alia, the following facts: On June 30, 1978, at 11 p.m., Theodore H. Spieker, then age 18, operated a motor vehicle westerly on 22d Street about one-half mile west of Wolf Road, accompanied by plaintiff Deborah Curtis, a passenger. Spieker drove his auto on the north shoulder of the four-lane highway, where it struck a traffic standard, causing injury to Curtis. Defendants Cook County, Hillside and Westchester had selected, placed, and maintained the sign with which the vehicle collided. Defendants were negligent in that they: failed to erect and maintain break-away poles at the aforesaid location; acquired, erected and placed a speed-limit sign of wood and steel, creating a dangerous condition to vehicles on the highway; and, erected the speed-limit sign near the highway, creating a dangerous condition to vehicles which might enter the shoulder of the road.
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