{ "id": 198921, "name": "DEVRA WAGNER, Plenary Guardian of Estate of Troy Wagner, a Disabled Person, Appellee, v. THE CITY OF CHICAGO, Appellant", "name_abbreviation": "Wagner v. City of Chicago", "decision_date": "1995-05-18", "docket_number": "No. 76839", "first_page": "144", "last_page": "155", "citations": [ { "type": "official", "cite": "166 Ill. 2d 144" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "114 Ill. 222", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2871868 ], "pin_cites": [ { "page": "228" } ], "opinion_index": 0, "case_paths": [ "/ill/114/0222-01" ] }, { "cite": "394 Ill. 248", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2472516 ], "pin_cites": [ { "page": "251" } ], "opinion_index": 0, "case_paths": [ "/ill/394/0248-01" ] }, { "cite": "98 Ill. 2d 158", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3121711 ], "weight": 2, "pin_cites": [ { "page": "164-65" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/98/0158-01" ] }, { "cite": "233 Ill. 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App. 3d", "case_ids": [ 5196139 ], "pin_cites": [ { "page": "838" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/233/0834-01" ] }, { "cite": "143 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5591296 ], "weight": 2, "year": 1992, "pin_cites": [ { "page": "6" }, { "page": "9" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/143/0001-01" ] }, { "cite": "145 Ill. 2d 404", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5595999 ], "weight": 2, "pin_cites": [ { "page": "412" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/145/0404-01" ] }, { "cite": "127 Ill. 2d 350", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5563926 ], "pin_cites": [ { "page": "366" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/127/0350-01" ] }, { "cite": "373 Ill. 530", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2528594 ], "pin_cites": [ { "page": "534" } ], "opinion_index": 0, "case_paths": [ "/ill/373/0530-01" ] }, { "cite": "158 Ill. 2d 76", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 780263 ], "pin_cites": [ { "page": "81" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/158/0076-01" ] }, { "cite": "94 Ill. 2d 138", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3106963 ], "year": 1994, "pin_cites": [ { "page": "141" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/94/0138-01" ] }, { "cite": "147 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3278377 ], "weight": 2, "pin_cites": [ { "page": "6" }, { "page": "14" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/147/0001-01" ] }, { "cite": "146 Ill. 2d 477", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5597177 ], "pin_cites": [ { "page": "484" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/146/0477-01" ] }, { "cite": "139 Ill. 2d 24", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5574033 ], "pin_cites": [ { "page": "51" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/139/0024-01" ] }, { "cite": "149 Ill. 2d 190", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5599792 ], "weight": 2, "pin_cites": [ { "page": "194" }, { "page": "194" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/149/0190-01" ] }, { "cite": "998 F.2d 499", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 10512285 ], "opinion_index": 0, "case_paths": [ "/f2d/998/0499-01" ] }, { "cite": "154 Ill. 2d 374", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 4820444 ], "year": 1993, "pin_cites": [ { "page": "384" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/154/0374-01" ] }, { "cite": "222 Ill. App. 3d 459", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5262626 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/222/0459-01" ] }, { "cite": "150 Ill. App. 3d 827", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3503472 ], "pin_cites": [ { "page": "831" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/150/0827-01" ] }, { "cite": "85 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5470281 ], "opinion_index": 0, "case_paths": [ "/ill-2d/85/0001-01" ] }, { "cite": "159 Ill. 2d 507", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 781325 ], "pin_cites": [ { "page": "514" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/159/0507-01" ] }, { "cite": "158 Ill. 2d 240", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 780293 ], "pin_cites": [ { "page": "251" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/158/0240-01" ] }, { "cite": "136 Ill. 2d 441", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3254594 ], "pin_cites": [ { "page": "446" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/136/0441-01" ] }, { "cite": "134 Ill. 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App. 3d", "case_ids": [ 2977801 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/254/0842-01" ] } ], "analysis": { "cardinality": 818, "char_count": 19748, "ocr_confidence": 0.797, "pagerank": { "raw": 3.7735097643634544e-07, "percentile": 0.8962315949694365 }, "sha256": "e0d3a2a99fb985ba5d084c428120a69b9de0030082e2a4eb69a38d2eab556a0a", "simhash": "1:fd7c75ae5a2bf5bb", "word_count": 3379 }, "last_updated": "2023-07-14T21:21:56.408305+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "DEVRA WAGNER, Plenary Guardian of Estate of Troy Wagner, a Disabled Person, Appellee, v. THE CITY OF CHICAGO, Appellant." ], "opinions": [ { "text": "JUSTICE NICKELS\ndelivered the opinion of the court:\nDefendant, the City of Chicago, appeals from a verdict for the plaintiff, Devra Wagner, plenary guardian of the estate of Troy Wagner, and against the city. Plaintiff brought suit in the circuit court of Cook County against the city for injuries suffered in an accident on the city\u2019s street. The city appealed, claiming, inter alia, that section 3 \u2014 102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (Ill. Rev. Stat. 1985, ch. 85, par. 3 \u2014 102(a)) precluded any liability on its part. The appellate court affirmed (254 Ill. App. 3d 842), and we granted the city\u2019s petition for leave to appeal (145 Ill. 2d R. 315). We affirm.\nPlaintiff was severely injured on July 24,1985, when his motorcycle collided with a vehicle driven by Paul Roszkowski at the intersection of Ashland and Rosehill Streets in Chicago. Roszkowski had turned left from Clark onto Rosehill and was proceeding through the intersection at the time of the collision.\nPlaintiff brought suit against both Roszkowski and the city, and later settled with Roszkowski. The suit against the city went to trial and the jury found the city negligent in failing to post a \"no left turn\u201d sign on the left side of Clark where Roszkowski had turned onto Rosehill. However, the jury apportioned 50% of the fault to plaintiff. Thus, damages were reduced 50% to approximately $2,155,000. The city appealed and the appellate court affirmed. After allowing the city\u2019s petition for leave to appeal, we allowed the Illinois Municipal League and Cook County to file briefs as amici curiae.\nOn appeal, the city argues that section 3 \u2014 102(a) of the Act precludes any imposition of liability in this case. Section 3 \u2014 102(a) provides:\n\"Except as otherwise provided in this Article, a local public entity has the duty to exercise ordinary care to maintain its property in a reasonably safe condition for the use in the exercise of ordinary care of people whom the entity intended and permitted to use the property in a manner in which and at such times as it was reasonably foreseeable that it would be used ***.\u201d (Ill. Rev. Stat. 1985, ch. 85, par. 3 \u2014 102(a).)\nThe city argues that there can be no liability without a duty (see Wojdyla v. City of Park Ridge (1992), 148 Ill. 2d 417, 421), and that it owed no duty to plaintiff to maintain its property in a reasonably safe condition. Specifically, the city argues it owed no duty to plaintiff under section 3 \u2014 102(a) because: (1) plaintiff did not use ordinary care; and (2) plaintiff was not an intended and permitted user of the street. In arguing this, the city asserts that the legislature\u2019s intent in enacting section 3 \u2014 102(a) was to make the defense of contributory negligence applicable in suits against municipalities.\nWaiver\nBefore we address the city\u2019s arguments, we first address plaintiffs argument that the city has waived any appeal on the issue of section 3 \u2014 102(a). Plaintiff argues that the city failed to assert the defense of contributory negligence at trial and in its first post-trial motion. The issue was first raised in the city\u2019s second post-trial motion, which the trial court refused to consider. Plaintiff then argues: \"It is well settled that governmental tort immunity under the Tort Immunity Act must be raised and pled as an affirmative defense or else it is waived. (Ill. Rev. Stat. 1991, ch. 110, par. 2 \u2014 613).\u201d (Martin v. Chicago Housing Authority (1994), 264 Ill. App. 3d 1063, 1075.) Moreover, as a general rule, any issue not raised at the trial court level is waived. (Fawcett v. Reinertsen (1989), 131 Ill. 2d 380, 386.) Plaintiff finally notes that not only did the city fail to raise this defense, it tendered an instruction for comparative negligence.\nThe city responds by arguing that this court may consider its appeal because: (1) while the matter was not raised in the trial court until the second post-trial motion, the appellate court decided the issue; (2) at the time of the trial, the only law on this area was the appellate court decision in Palladini v. City of East Peoria (1985), 134 Ill. App. 3d 345, which held that section 3 \u2014 102(a) embraces comparative negligence, thus preventing the city from even raising the claim; and (3) this court may hear any waived matter, as waiver is a barrier to the parties, but not the courts.\nWe briefly note that plaintiff does not specifically argue that the city has waived its second argument, that it owed no duty because plaintiff was not an intended or permitted user of the street. However, the city did not even raise this issue in its petition for leave to appeal. Nonetheless, we choose to address these issues. As noted recently by this court:\n\"The rule of waiver is, of course, a limitation on the parties and not the courts. (In re Marriage of Sutton (1990), 136 Ill. 2d 441, 446.) In the exercise of its responsibility for a just result and the maintenance of a sound and uniform body of precedent, a reviewing court may consider issues not properly preserved by the parties. (Jackson Jordan, Inc v. Leydig, Voit & Mayer (1994), 158 Ill. 2d 240, 251.)\u201d (Geise v. Phoenix Co. of Chicago, Inc. (1994), 159 Ill. 2d 507, 514.)\nWe find it proper to address these issues for the maintenance of a sound and uniform body of precedent.\nOrdinary Care\nThe city first argues that it owed no duty to plaintiff because section 3 \u2014 102(a) provides that local governments have no duty to maintain their property for the benefit of persons who are not exercising ordinary care for their own safety. The city notes that plaintiff, having been found 50% at fault, was not acting with ordinary care. The city further argues that the legislature intended to codify contributory negligence in section 3 \u2014 102(a). This court\u2019s rejection of contributory negligence in favor of comparative negligence in Alvis v. Ribar (1981), 85 Ill. 2d 1, the city argues, had no effect on section 3 \u2014 102(a).\nAt issue is the meaning of the following language in section 3 \u2014 102(a): \"a local public entity has the duty to exercise ordinary care to maintain its property in a reasonably safe condition for the use in the exercise of ordinary care of people ***.\u201d (Ill. Rev. Stat. 1985, ch. 85, par. 3 \u2014 102.) This issue was first addressed by the appellate court in Palladini, which found that the duty of a city to maintain its property was a general duty and that principles of comparative negligence applied to actions under section 3 \u2014 102(a). Shortly after, another appellate decision, Risner v. City of Chicago (1986), 150 Ill. App. 3d 827, 831, noted Palladini with approval.\nThe next decision to address this question, however, Thompson v. County of Cook (1991), 222 Ill. App. 3d 459, rejected the Palladini decision. Thompson was later affirmed by this court on different grounds. There, this court specifically noted that none of the issues dealing with section 3 \u2014 102(a) needed to be addressed at that time. (Thompson v. County of Cook (1993), 154 Ill. 2d 374, 384.) A Federal decision chose to rely on Thompson rather than Palladini. See Dolder v. Martinton Township (7th Cir. 1993), 998 F.2d 499.\nThe rules of statutory construction are well known. In construing statutes:\n\"[The court must] ascertain and give effect to the true intent and meaning of the legislature. (Hernon v. E. W. Corrigan Construction Co. (1992), 149 Ill. 2d 190, 194.) In this endeavor, courts should look first to the statutory language (Hernon, 149 Ill. 2d at 194), for the language of the statute is the best indication of the legislature\u2019s intent (Williams v. Illinois State Scholarship Comm\u2019n (1990), 139 Ill. 2d 24, 51). Where the meaning of an enactment is unclear from the statutory language itself, the court may look beyond the language employed and consider the purpose behind the law and the evils the law was designed to remedy. (Antunes v. Sookhakitch (1992), 146 Ill. 2d 477, 484.) Where, however, the language of a statutory provision is clear, the court must give it effect (West v. Kirkham (1992), 147 Ill. 2d 1, 6) without resorting to other aids for construction (People v. Boykin (1983), 94 Ill. 2d 138, 141).\u201d Solich v. George & Anna Portes Cancer Prevention Center of Chicago, Inc. (1994), 158 Ill. 2d 76, 81.\nWhile the city argues that the plain meaning of section 3 \u2014 102(a) is that the city owes a duty only to those using ordinary care, this is not the only plausible interpretation of the section. The phrase \"for the use in the exercise of ordinary care of people\u201d may also be read as modifying the phrase \"a reasonably safe condition,\u201d thus defining a reasonably safe condition and limiting the amount of care a municipality must exercise. Under this interpretation, a reasonably safe condition is one in which a person using ordinary care would not be injured, as opposed to one in which no injury could ever occur. While the statute may be read both ways, a review of this area of law reveals the latter interpretation to be proper.\nWe first note:\n\"Despite the doctrine of sovereign immunity, [Illinois] municipalities traditionally have been liable for injuries caused by unsafe conditions of property, particularly streets and sidewalks, said to be held in a proprietary capacity. In most respects the duty formulated in section 3 \u2014 102(a) appears to be a restatement of the common law duty of municipalities respecting such property.\u201d (Baum, Tort Liability of Local Governments and Their Employees: an Introduction to the Illinois Immunity Act, 1966 U. Ill. L.F. 1012.)\nThis court has also noted that section 3 \u2014 102(a) codifies a municipality\u2019s general duty at common law to maintain its property in a reasonably safe condition:\n\"This limitation on the scope of the duty in section 3 \u2014 102(a) is in keeping with the scope of that duty as it existed at common law. The Tort Immunity Act creates no new duties but merely codifies those existing at common law. [Citations.] At common law, a municipality had a duty to maintain its property in a safe condition ***.\u201d West v. Kirkham (1992), 147 Ill. 2d 1, 14.\nThus, at common law, despite the doctrine of sovereign immunity, a municipality had the duty to maintain its property in a condition free from possible injury or harm. However, this duty was not absolute:\n\"There are certain obvious limitations on this duty. It does not extend to a requirement that streets be kept absolutely safe so that accidents are impossible, for the city is not an insurer against injury ***.\u201d (Note, Tort Liability of Municipal Corporations in Illinois, 1951 U. Ill. L.F. 637, 647.)\n(See also Storen v. City of Chicago (1940), 373 Ill. 530, 534.) Thus, section 3 \u2014 102(a) is in accordance with the common law, where \"[t]he law imposes a duty on all persons to exercise ordinary care *** [and there is no] general duty to anticipate and guard against the negligence of others.\u201d Dunn v. Baltimore & Ohio R.R. Co. (1989), 127 Ill. 2d 350, 366.\nIn this context, the language in section 3 \u2014 102(a) is clear: the city has a duty to maintain its property in a reasonably safe condition so that persons using ordinary care are not harmed. Rather than limiting the city\u2019s duty to only those individuals exercising ordinary care, as the city suggests, the language \"in the use of ordinary care\u201d limits the amount of care the city need exercise in maintaining its property. This ensures that the city does not become an insurer for the traveling public\u2019s safety and that the public is not relieved of its duty to exercise ordinary care. While the city argues that section 3 \u2014 102(a) provides a duty \"only\u201d to those acting with ordinary care, the word \"only\u201d is not found in the statute.\nThe city bases much of its interpretation on its assertion that section 3 \u2014 102(a) adopted contributory negligence as a defense for local governmental units. However, section 3 \u2014 102(a) is silent on this topic. The city confuses the issue of the existence of a duty with the issue of the existence of a defense, comparative or contributory negligence. As amicus County of Cook notes, these two issues are separate. (See also Restatement (Second) of Torts \u00a7 4 (1965).) At the time the Tort Immunity Act was adopted, contributory negligence was a defense in this State. Because of this, if the city owed and breached a duty to a plaintiff, the city was not held liable for its breach if the plaintiff was contributorily negligent to any degree. However, the plaintiff\u2019s inability to recover due to contributory negligence did not negate the municipality\u2019s duty and breach. It simply provided the municipality with a defense. As the court in Palladini noted:\n\"[Under contributory negligence], plaintiff\u2019s fault only relieved defendant from the consequences of his own negligence; it did not obviate defendant\u2019s duty to exercise reasonable care.\u201d Palladini, 134 Ill. App. 3d at 348.\nSection 1 \u2014 101.1(b) of the Act provides that a local public entity has available all common law and statutory defenses available to a private individual. (Ill. Rev. Stat., 1986 Supp., ch. 85, par. 1 \u2014 101.1(b).) Comparative negligence is now a defense in Illinois and was thus available to, and in fact used by, the city. Contributory negligence is no longer a defense at common law in Illinois, and was thus not available to the city absent some provision by the legislature. We find none. We further note that in instances where the legislature has provided for contributory negligence in various situations, it has used the phrase \"contributory negligence\u201d (see Ill. Rev. Stat. 1985, ch. 24, par. 1 \u2014 4\u20145; Ill. Rev. Stat. 1985, ch. 34, par 301.1; Ill. Rev. Stat. 1985, ch. 121, par. 385; Ill. Rev. Stat. 1985, ch. 127 1/2, par. 46) or \"contributorily negligent\u201d (see Ill. Rev. Stat. 1985, ch. 70, par. 2). If the legislature had wanted to codify contributory negligence in section 3 \u2014 102(a), it would have used the phrase.\nThe city argues that our interpretation makes section 3 \u2014 102 superfluous, as no need existed for the legislature to codify the common law in this area. This argument is without merit. First, if it was superfluous for the legisl\u00e1ture to codify this common law duty, it would also have been superfluous for the legislature to codify the defense of contributory negligence, which was a common law defense at the time the Act was enacted.\nMoreover, the purpose of section 3 \u2014 102(a) is not to grant defenses, and immunities. Instead, it merely codifies, for the benefit of intended and permitted users, the common law duty of a local public body to properly maintain its roads. Immunities .and defenses are provided in other sections. (See Ill. Rev. Stat. 1985, ch. 85, pars. 1 \u2014 101, 3 \u2014 103 et seq.) As this court noted in Vesey v. Chicago Housing Authority (1991), 145 Ill. 2d 404:\n\u201d[T]he Act *** articulates the common law duty [found in section 3 \u2014 102(a)] to which the subsequently delineated immunities apply.\u201d Vesey, 145 Ill. 2d at 412.\nWe conclude that under section 3 \u2014 102(a) of the Act, the city has a duty to maintain its property in a reasonably safe condition so that a person acting with ordinary care will not be injured. If the city maintains its property in such a condition, it has breached no duty and a negligent plaintiff injured on the property has no cause of action. The city has no duty to foresee and prevent injuries due solely to plaintiff\u2019s own negligence. It also is not an insurer for the safety of the traveling public. However, if the city breaches this duty, even a negligent plaintiff may recover to the extent permitted under principles of comparative negligence.\nIntended and Permitted User\nThe city also argues that it owed plaintiff no duty because plaintiff was not an intended and permitted user of the road. Section 3 \u2014 102(a) provides that a local public entity owes a duty to those persons \u201cwhom the entity intended and permitted to use the property.\u201d (Ill. Rev. Stat. 1985, ch. 85, par. 3 \u2014 102.) According to the city, plaintiff was speeding and had run a red light at the time of the accident and thus was not an intended and permitted user of the road.\nThe city argues that the terms intended and permitted are distinct and not to be confused. (See Marshall v. City of Centralia (1991), 143 Ill. 2d 1, 6.) An intended user, the city argues, is one who uses property for a purpose that the city intends the property to be used. A permitted user, however, is one who uses the property for a use that is not prohibited. See Lipper v. City of Chicago (1992), 233 Ill. App. 3d 834, 838.\nThe city relies on this court\u2019s decision in Curtis v. County of Cook (1983), 98 Ill. 2d 158. There, this court found that plaintiffs were not intended or permitted users of the road. This was because although the plaintiffs were in motor vehicles, they were engaged in \"clock-speeding,\u201d a form of racing. The city\u2019s reliance, however, is misplaced. The city confuses an intended and permitted use of its property by a negligent plaintiff with an unintended and prohibited use of the property.\nIn Curtis, this court noted:\n\"[Section 3 \u2014 102(a)] evinces a legislative intent to extend a duty of care only to those persons by whom the local government intended the property to be used.\u201d (Curtis, 98 Ill. 2d at 164-65.)\nConcerning whether plaintiff was an intended user of the street, this court has noted:\n\"Whether the defendant owed the plaintiff a duty requires this court to *** determine whether [the property] was for the intended use of the plaintiff. Intent, being a mental state, can rarely be discerned from direct proof and must ordinarily be inferred from the facts.\u201d (Marshall v. City of Centralia (1991), 143 Ill. 2d 1, 9.)\nHowever, this court has also noted that the intended use of the streets is:\n\"for purposes of travel and as a means of access to and egress from property abutting thereon.\u201d City of Elmhurst v. Buettgen (1946), 394 Ill. 248, 251.\nThe plaintiffs in Curtis did not use the road for purposes of travel. However, the city does not argue that plaintiff used the city\u2019s streets for any other use than for purposes of travel. Thus, plaintiff must be found to have been an intended user of the road. Moreover, the use which plaintiff made of the road is not prohibited.\nWhile the city argues that it has established laws against speeding and running red lights, these laws do not change the nature of plaintiff\u2019s use of the street, for purposes of travel. In arguing this, the city again attempts to apply the defense of contributory negligence to section 3 \u2014 102(a). Under the city\u2019s interpretation, a negligent plaintiff could not be an intended or permitted user of the street. We do not agree. The focus here is the intended and permitted use of the road, not whether that use was made by a negligent plaintiff. See City of Chicago v. Keefe (1885), 114 Ill. 222, 228, noting the difference between whether an activity is prohibited or lawful and whether that activity was performed negligently for the application of contributory negligence.\nFor the foregoing reasons, the judgment of the appellate court is affirmed.\nAffirmed.", "type": "majority", "author": "JUSTICE NICKELS" } ], "attorneys": [ "Susan S. Sher, Corporation Counsel, of Chicago (Lawrence Rosenthal and Benna Ruth Solomon, of counsel), for appellant.", "Mark S. Grotefeld and Martha J. Burns, of Chicago, and Corey L. Gordon, of Minneapolis, Minnesota, all of Robins, Kaplan, Miller & Ciresi, for appellee.", "Jack O\u2019Malley, State\u2019s Attorney, of Chicago (Karen A. Covy and William P. Pistorius, Assistant State\u2019s Attorneys, of counsel), for amicus curiae County of Cook.", "Beth Anne Janicki, of Springfield, for amicus curiae Illinois Municipal League." ], "corrections": "", "head_matter": "(No. 76839.\nDEVRA WAGNER, Plenary Guardian of Estate of Troy Wagner, a Disabled Person, Appellee, v. THE CITY OF CHICAGO, Appellant.\nOpinion filed May 18, 1995.\nSusan S. Sher, Corporation Counsel, of Chicago (Lawrence Rosenthal and Benna Ruth Solomon, of counsel), for appellant.\nMark S. Grotefeld and Martha J. Burns, of Chicago, and Corey L. Gordon, of Minneapolis, Minnesota, all of Robins, Kaplan, Miller & Ciresi, for appellee.\nJack O\u2019Malley, State\u2019s Attorney, of Chicago (Karen A. Covy and William P. Pistorius, Assistant State\u2019s Attorneys, of counsel), for amicus curiae County of Cook.\nBeth Anne Janicki, of Springfield, for amicus curiae Illinois Municipal League." }, "file_name": "0144-01", "first_page_order": 314, "last_page_order": 325 }