{ "id": 2587880, "name": "TAKAKO DINGES, Plaintiff-Appellant, v. MYONG GABARDI et al., Defendants (The County of Kane et al., Defendants-Appellees)", "name_abbreviation": "Dinges v. Gabardi", "decision_date": "1990-08-31", "docket_number": "Nos. 2-89-1160, 2-89-1258 cons.", "first_page": "732", "last_page": "740", "citations": [ { "type": "official", "cite": "202 Ill. App. 3d 732" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "68 Ill. 2d 223", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5810566 ], "weight": 3, "pin_cites": [ { "page": "233-34" }, { "page": "233-34" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/68/0223-01" ] }, { "cite": "99 Ill. App. 3d 1047", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3103089 ], "pin_cites": [ { "page": "1051-52" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/99/1047-01" ] }, { "cite": "191 Ill. App. 3d 569", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2510282 ], "year": 1981, "pin_cites": [ { "page": "577" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/191/0569-01" ] }, { "cite": "175 Ill. App. 3d 768", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3554322 ], "weight": 2, "pin_cites": [ { "page": "770" }, { "page": "771" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/175/0768-01" ] }, { "cite": "186 Ill. App. 3d 180", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2659369 ], "weight": 2, "pin_cites": [ { "page": "186" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/186/0180-01" ] }, { "cite": "79 Ill. 2d 435", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3070697 ], "weight": 4, "pin_cites": [ { "page": "444-45" }, { "page": "450" }, { "page": "450" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/79/0435-01" ] }, { "cite": "136 Ill. 2d 132", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3255179 ], "pin_cites": [ { "page": "140" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/136/0132-01" ] }, { "cite": "186 Ill. App. 3d 382", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2658164 ], "pin_cites": [ { "page": "384-85" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/186/0382-01" ] }, { "cite": "108 S. Ct. 1077", "category": "reporters:federal", "reporter": "S. Ct.", "case_ids": [ 6125898 ], "year": 1989, "opinion_index": 0, "case_paths": [ "/br/82/1077-01" ] }, { "cite": "99 L. Ed. 2d 236", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1989, "opinion_index": 0 }, { "cite": "485 U.S. 905", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 13632, 14176, 13506, 13251, 13413, 13196, 13837, 13520, 14097, 13776, 13749, 13559, 13500 ], "year": 1989, "opinion_index": 0, "case_paths": [ "/us/485/0905-11", "/us/485/0905-13", "/us/485/0905-01", "/us/485/0905-12", "/us/485/0905-03", "/us/485/0905-02", "/us/485/0905-09", "/us/485/0905-08", "/us/485/0905-06", "/us/485/0905-07", "/us/485/0905-05", "/us/485/0905-04", "/us/485/0905-10" ] }, { "cite": "117 Ill. 2d 507", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5545405 ], "weight": 2, "year": 1988, "pin_cites": [ { "page": "514" }, { "page": "525" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/117/0507-01" ] }, { "cite": "150 Ill. App. 3d 988", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3503155 ], "pin_cites": [ { "page": "996" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/150/0988-01" ] }, { "cite": "74 Ill. App. 3d 98", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3267703 ], "year": 1986, "pin_cites": [ { "page": "107" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/74/0098-01" ] }, { "cite": "169 Ill. App. 3d 78", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3550129 ], "pin_cites": [ { "page": "95" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/169/0078-01" ] }, { "cite": "99 Ill. App. 3d 1047", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3103089 ], "pin_cites": [ { "page": "1051-52" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/99/1047-01" ] }, { "cite": "191 Ill. App. 3d 569", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2510282 ], "year": 1981, "pin_cites": [ { "page": "577" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/191/0569-01" ] }, { "cite": "186 Ill. App. 3d 180", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2659369 ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/186/0180-01" ] }, { "cite": "79 Ill. 2d 435", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3070697 ], "weight": 2, "pin_cites": [ { "page": "450-51, 453" } ], "opinion_index": 1, "case_paths": [ "/ill-2d/79/0435-01" ] } ], "analysis": { "cardinality": 709, "char_count": 17823, "ocr_confidence": 0.753, "pagerank": { "raw": 1.9546032757379558e-07, "percentile": 0.7372132506566985 }, "sha256": "130d02546e84ed5ec33b8db202cd8be772c34d2405558c5d8bd6f506ea4628e8", "simhash": "1:99b3b4c6706f74f2", "word_count": 3005 }, "last_updated": "2023-07-14T20:29:37.094110+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "TAKAKO DINGES, Plaintiff-Appellant, v. MYONG GABARDI et al., Defendants (The County of Kane et al., Defendants-Appellees)." ], "opinions": [ { "text": "JUSTICE INGLIS\ndelivered the opinion of the court:\nPlaintiff, Takako Dinges, appeals from two orders of the circuit court of Kane County, each of which dismissed one count of her complaint. The order at issue in appeal No. 2\u201489\u20141160 dismissed count III of the complaint against defendant Kane County (County). The order involved in appeal No. 2\u201489\u20141258 dismissed count V, which was against defendant Nabi Fakroddin. Plaintiff raises two issues on appeal: whether the County had a duty to warn of a downed stop sign; and whether Fakroddin, as an agent of the County, had a duty to warn of a downed stop sign.\nOn December 6, 1988, plaintiff filed a five-count complaint in the circuit court of Kane County. The complaint alleged that on April 26, 1987, Myong Gabardi was driving a car, in which plaintiff was a passenger, on Big Timber Road in Kane County. The Gabardi vehicle entered the intersection at Route 47, and it was struck by a truck driven by defendant John Hutsler, Jr. Count I alleged that Gabardi was negligent, and count II alleged that Hutsler was negligent. Neither party is involved in this appeal.\nIn count III, plaintiff alleged that the County maintained a stop sign at the intersection of Big Timber Road and Route 47 and that the stop sign \u201chad been knocked down for some time prior to\u201d the accident in which plaintiff was injured. The downed stop sign was not visible to Gabardi as her vehicle approached the intersection with Route 47. Plaintiff further alleged that the County had notice of the hazardous condition caused by the downed stop sign and that the County failed to inspect the stop sign, to repair the stop sign, and to warn motorists approaching the intersection of the dangerous condition. In addition, the County advised plaintiff that it did not maintain the stop sign. Subsequently, plaintiff informed the Department of Transportation of her claim. The Department of Transportation denied plaintiffs claim based on lack of notice. According to plaintiff, the Department of Transportation later denied responsibility for the maintenance of the stop sign.\nCount IV of the complaint alleged that the Kane County Highway Department (Highway Department) was negligent based on the negligence of its principal, the County. The trial court subsequently granted plaintiff\u2019s motion to voluntarily dismiss without prejudice the Highway Department as a defendant. Count V alleged that defendant Fakroddin, the superintendent of highways for the County, was negligent under the same theories as those alleged against the County.\nPlaintiff attached to the complaint the affidavit of Joseph Kostur, the safety and claims manager for District One of the Department of Transportation. In the affidavit, Kostur stated that Route 47 was under the jurisdiction of the Department of Transportation, but that Big Timber Road was not a part of the State highway system. Kostur averred that the Department of Transportation did not have a duty to warn, regulate or control motorists traveling on Big Timber Road and that the County was responsible for Big Timber Road.\nOn August 18, 1989, the County filed a motion to dismiss count III of the complaint pursuant to section 2\u2014619 of the Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, par. 2\u2014619), asserting the affirmative defense that the stop sign was on the Department of Transportation\u2019s right-of-way, that the County did not own or maintain the stop sign, and that the County was immune from liability pursuant to sections 3\u2014102, 3\u2014 104, and 3\u2014108(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. Stat. 1987, ch. 85, pars. 3\u2014102, 3\u2014 104, 3\u2014108(a)).\nThe County attached the affidavit of Thomas Holderby, the assistant superintendent of the Highway Department, to its motion to dismiss. Holderby stated that the Highway Department did not erect, maintain, repair, or replace the stop sign on Big Timber Road at Route 47 and that the stop sign had always been maintained, repaired and replaced by the Department of Transportation. Holderby further stated that the stop sign is located on a right-of-way purchased by the Department of Transportation. The court found that section 2\u2014105 of the Tort Immunity Act (Ill. Rev. Stat. 1987, ch. 85, par. 2\u2014105) applied because the stop sign was not on the County\u2019s property, and it never erected or maintained the stop sign. Consequently, the court dismissed count III of the complaint with prejudice. Plaintiff timely filed an appeal of the order.\nFakroddin subsequently filed a motion to dismiss on the basis that, since the County was not liable for plaintiff\u2019s injuries, Fakroddin, as agent for the County, was also not liable to plaintiff. The court dismissed count V with prejudice, and plaintiff timely appealed that order. We granted plaintiff\u2019s motion to consolidate the appeals.\nPlaintiff first contends that the County had a duty to warn of the downed stop sign because it regulated the flow of traffic on a road under the County\u2019s jurisdiction. Plaintiff correctly asserts that since this is an appeal of an order dismissing a complaint, all well-pleaded facts are taken as true. (See Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill. 2d 507, 514, cert, denied (1988), 485 U.S. 905, 99 L. Ed. 2d 236, 108 S. Ct. 1077.) Even if the complaint states a cause of action on its face, where an affirmative defense negates the cause of action, the dismissal is proper. Land v. Auler (1989), 186 Ill. App. 3d 382, 384-85.\nTo properly plead a cause of action in negligence, a plaintiff must allege the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, and an injury proximately caused by the breach. (Ward v. K mart Corp. (1990), 136 Ill. 2d 132, 140.) Plaintiff here focuses on the question of whether the County had a duty to warn of a downed stop sign which the County was not responsible for maintaining. Duty is a legal question to be decided by the court. Kirk, 117 Ill. 2d at 525.\nThe trial court found that the County was not liable because the stop sign was the State\u2019s property and, under section 2 \u2014 105 of the Tort Immunity Act, the County \u201cis not liable for injury caused by its failure to make an inspection *** of any property, other than its own\u201d (Ill. Rev. Stat. 1987, ch. 85, par. 2\u2014105). Plaintiff argues that even if the County is immune from liability for failing to inspect or repair the sign, the County had a duty to warn of the dangerous condition.\nIn support thereof, plaintiff cites Janssen v. City of Springfield (1980), 79 Ill. 2d 435. In Janssen, our supreme court determined that a governmental unit which controls a roadway has a duty to warn motorists of hazards adjacent to the roadway even if the hazard itself is not within the control of the governmental unit. Janssen, 79 Ill. 2d at 444-45.\nDefendants contend that Janssen is no longer controlling because the decision relied upon section 3 \u2014104(b) of the Tort Immunity Act (Ill. Rev. Stat. 1973, ch. 85, par. 3\u2014104(b)). Defendants correctly point out that this section was deleted by an amendment in 1986 and is no longer in effect. However, we disagree with defendants\u2019 claim that this deletion somehow affects the viability of Janssen. The Janssen decision noted that the duty to warn had been codified in section 3 \u2014 104(b) (Janssen, 79 Ill. 2d at 450) but did not find that the duty arose from the Tort Immunity Act. Instead, the court determined that the duty arose from the long-recognized obligation of governmental units to maintain public highways within its boundaries in a safe condition. 79 Ill. 2d at 450.\nWe recognized this distinction in our recent decision in Battisfore v. Moraites (1989), 186 Ill. App. 3d 180. In Battisfore, we pointed out that Janssen \u201cadopted the principle that a municipal unit which controls a roadway has a duty to warn motorists of hazards adjacent to the roadway even if the hazard itself is not within the control of the governmental unit.\u201d (Battisfore, 186 Ill. App. 3d at 186.) We pointed out that Janssen \u201cfurther found that a municipality\u2019s duty to warn motorists of dangerous conditions is codified in section 3\u2014104(b) of the Tort Immunity Act.\u201d (Emphasis added.) 186 Ill. App. 3d at 186-87.\nPlaintiff correctly points out that the Tort Immunity Act does not impose duties but instead confers immunities. (Havens v. Harris Township (1988), 175 Ill. App. 3d 768, 770.) According to plaintiff, since the deletion of the former section 3\u2014104(b) did not impose a new duty on local governmental entities, its deletion could not relieve a local government of a duty which preexisted the statute.\nWe agree with plaintiff that the duty to warn stems from the duty to maintain the public roadways in a reasonably safe condition, and does not arise from section 3\u2014104 of the Tort Immunity Act. Furthermore, courts have determined that the immunity available under section 3\u2014104(a) of the Tort Immunity Act (Ill. Rev. Stat. 1985, ch. 85, par. 3\u2014104(a)) does not apply where a particular sign is necessary to warn of a condition which endangers the safe movement of traffic. (See Smith v. County of White (1989), 191 Ill. App. 3d 569, 577; DiOrio v. City of Chicago (1981), 99 Ill. App. 3d 1047, 1051-52.) Prior to amendment, section 3\u2014 104(a) provided:\n\u201cNeither a local public entity nor a public employee is liable under this Act for an injury caused by the failure to initially provide regulatory traffic control devices, stop signs, yield right-of-way signs, speed restriction signs, distinctive roadway markings or any other traffic regulating signs.\u201d (Ill. Rev. Stat. 1985, ch. 85, par. 3\u2014104(a).)\nSection 3 \u2014 104 now states:\n\u201cNeither a local public entity nor a public employee is liable under this Act for an injury caused by the failure to initially provide regulatory traffic control devices, stop signs, yield right-of-way signs, speed restriction signs, distinctive roadway markings or any other traffic regulating or warning sign, device or marking, signs, overhead lights, traffic separating or restraining devices or barriers.\u201d (Ill. Rev. Stat. 1987, ch. 85, par. 3-104.)\nGiven that these two sections are virtually identical, we also take the position that immunity is not available to a governmental entity for the failure to warn of a condition which endangers the safe movement of traffic.\nIn addition, we disagree with defendants\u2019 contentions that sections 2\u2014105, 3\u2014102, and 3\u2014108(a) of the Tort Immunity Act (Ill. Rev. Stat. 1987, ch. 85, pars. 2\u2014105, 3\u2014102, 3\u2014108(a)) provide additional affirmative defenses. Sections 2\u2014105 and 3\u2014102 are both inapplicable because we are concerned with the duty to warn in this case, and not the duty to inspect or maintain property in a safe condition. Section 3 \u2014 108(a) is also inapplicable in our duty-to-warn analysis because this section concerns a public entity\u2019s failure to supervise an activity on public property. Given that defendants\u2019 affirmative defenses do not bar plaintiff\u2019s complaint on a duty-to-warn theory, we believe that the trial court erred in dismissing count III of plaintiff\u2019s complaint against the County.\nWe next consider defendant Fakroddin\u2019s additional affirmative defenses in support of his position that the trial court properly dismissed count V of plaintiff\u2019s complaint. Fakroddin first contends that section 2\u2014201 of the Tort Immunity Act (Ill. Rev. Stat. 1987, ch. 85, par. 2\u2014201) is applicable to his case. Section 2\u2014201 provides, in pertinent part:\n\u201c[A] public employee serving in a position involving the determination of policy or the exercise of discretion is not liable for an injury resulting from his act or omission in determining policy when acting in the exercise of such discretion even though abused.\u201d Ill. Rev. Stat. 1987, ch. 85, par. 2 \u2014 201.\nFakroddin relies upon Mora v. State (1977), 68 Ill. 2d 223, to support his position. In Mora, the plaintiff alleged that the defendant, an employee of the State Department of Transportation, should have established a no-passing zone on the highway near the point of the collision at issue. The supreme court found the defendant immune from liability, noting that the defendant, a public officer, was exercising his official discretion and was not performing a ministerial task. Mora, 68 Ill. 2d at 233-34.\nWe agree with defendant Fakroddin that Mora supports his position that he was immune from liability in this case. The task of determining whether to erect a warning sign required the exercise of judgment and discretion in this case, and thus the decision not to erect the sign, even though possibly an abuse of discretion, does not result in liability to Fakroddin. (See Mora, 68 Ill. 2d at 233-34; Havens, 175 Ill. App. 3d at 771; Ill. Rev. Stat. 1987, ch. 85, par. 2 \u2014 201.) Thus, the trial court properly dismissed count Y of plaintiffs complaint against defendant Fakroddin.\nFor the above-stated reasons, the decision of the circuit court of Kane County dismissing count V of plaintiff\u2019s complaint is affirmed. The decision dismissing count III of the complaint is reversed, and the cause is remanded for proceedings consistent with this opinion.\nAffirmed in part; reversed in part.\nWOODWARD, J., concurs.", "type": "majority", "author": "JUSTICE INGLIS" }, { "text": "JUSTICE GEIGER,\ndissenting:\nI must respectfully disagree with my learned colleagues that count III withstands dismissal upon the plaintiff\u2019s duty-to-warn theory.\nIn the Tort Immunity Act (the Act), the legislature has concretely formulated the local government duty upon which the majority relies \u2014 the duty to maintain roadways in a safe condition. (Janssen v. City of Springfield, (1980), 79 Ill. 2d 435; Ill. Rev. Stat. 1989, ch. 85 par. 3\u2014102.) It has also, however, created local governments\u2019 immunities from liability. I do not agree with the majority\u2019s reasoning that section 3 \u2014 104 of the Tort Immunity Act, which creates an immunity for the government\u2019s failure to initially provide warning signals and signs, does not control this case.\nUnlike the majority, I would not rely upon Janssen or cases based partly thereon. (Battisfore v. Moraites (1989), 186 Ill. App. 3d 180; Smith v. County of White (1989), 191 Ill. App. 3d 569, 577; DiOrio v. City of Chicago (1981), 99 Ill. App. 3d 1047, 1051-52.) Those cases suggest a limitation on section 3\u2014104 immunity when a signal or sign was necessary to warn of danger to safe traffic movement. However, I question whether those cases are viable under the facts of this case since the amendment of section 3\u2014104.\nIn 1986, shortly before this accident, but after the accidents in the above-cited cases, the legislature modified and merged prior subsections 3\u2014104(a) and 3\u2014104(b) of the Act to create the current section 3\u2014104. The new section 3\u2014104 includes the same basic governmental immunity for failure to provide signals and signs. However, the amendment eliminated former subsection 3\u2014104(b)\u2019s provision that immunity was available \u201cunless such a signal, sign, marking or device was necessary to warn of a condition which endangered the safe movement of traffic.\u201d Ill. Rev. Stat. 1985, ch. 85, par. 3\u2014104(b).\nThe deletion of the cited portion of former subsection 3\u2014104(b) was the most significant aspect of the 1986 amendment. Thus, it is immaterial, as the majority nonetheless accurately observes, that the prior subsection 3\u2014104(a) is virtually identical to the amended section 3\u2014104. Because the Janssen court\u2019s reasoning relied at least in part upon the now deleted exception of section 3\u2014104(b) (Janssen, 79 Ill. 2d at 450-51, 453), its precedential value is, in my opinion, limited following the 1986 amendment. Even assuming that Janssen was not affected by the 1986 amendment of section 3\u2014104, I would find no duty for the County.\nAs this court has noted, the Act creates no new duties; it simply articulates the common law duty to which the subsequently delineated immunities apply. (Swett v. Village of Algonquin (1988), 169 Ill. App. 3d 78, 95.) I would not find that the common-law duty to maintain a roadway in a safe condition includes the duty effectively established by the majority, that a local government must warn of a disabled State warning marker that it did not erect, maintain, or own, and that was not located on its property. Such a duty could lead to senseless consequences, such as the one in this case where a County might be obligated to seek State permission to use a State right-of-way to place some warning notice that a State-initiated and controlled stop sign was disabled.\nUnder the Act, the County may determine not to erect a traffic control device. The State could not by its neglect give rise to some otherwise nonexistent County duty to maintain, inspect, or repair a State-controlled sign. (See Ill. Rev. Stat. 1989, ch. 85, pars. 2\u2014105, 3 \u2014102(a); Thorsen v. City of Chicago (1979), 74 Ill. App. 3d 98, 107.) Likewise, the State could not by its neglect give rise to a County duty to warn of a failure to maintain, inspect, or repair. See Charpentier v. City of Chicago (1986), 150 Ill. App. 3d 988, 996.\nI would affirm the court\u2019s dismissal of count III of the complaint. Consequently, I respectfully dissent from the contrary portion of the majority decision.", "type": "dissent", "author": "JUSTICE GEIGER," } ], "attorneys": [ "John W. Fisk, of Kenneth C. Chessick, M.D., S.C., of Schaumburg, for appellant.", "David G. Mountcastle, of Mountcastle & DaRosa, of Wheaton, for appellee John C. Hutsler, Jr.", "Rita Farrell and Edgar K. Collison, both of Early, Collison, Tousey, Regan & Farrell, of Elgin, for appellees County of Kane and Nabi R. Fakroddin.", "Richard J. Larson, of Larson, Mickey, Weiler, P.C., of Aurora, for appellee Myong Gabardi." ], "corrections": "", "head_matter": "TAKAKO DINGES, Plaintiff-Appellant, v. MYONG GABARDI et al., Defendants (The County of Kane et al., Defendants-Appellees).\nSecond District\nNos. 2\u201489\u20141160, 2\u201489\u20141258 cons.\nOpinion filed August 31, 1990.\nGEIGER, J., dissenting.\nJohn W. Fisk, of Kenneth C. Chessick, M.D., S.C., of Schaumburg, for appellant.\nDavid G. Mountcastle, of Mountcastle & DaRosa, of Wheaton, for appellee John C. Hutsler, Jr.\nRita Farrell and Edgar K. Collison, both of Early, Collison, Tousey, Regan & Farrell, of Elgin, for appellees County of Kane and Nabi R. Fakroddin.\nRichard J. Larson, of Larson, Mickey, Weiler, P.C., of Aurora, for appellee Myong Gabardi." }, "file_name": "0732-01", "first_page_order": 754, "last_page_order": 762 }