AGUINAGA v. CITY OF CHICAGO

No. 1-91-4035.

611 N.E.2d 1296 (1993)

243 Ill. App.3d 552

183 Ill.Dec. 648

Phillip AGUINAGA, Jr., a minor by his mother and next friend, Tina Chavez, Plaintiff-Appellant, v. The CITY OF CHICAGO, a municipal corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

March 5, 1993.


Attorney(s) appearing for the Case

Pappas, Power & Marcus (Debra K. Marcus, William R. Power, of counsel), Chicago, for plaintiff-appellant.

Kelly R. Welsh, Corp. Counsel of the City of Chicago, Lawrence Rosenthal, Deputy Corp. Counsel, Mardell Nereim, Asst. Corp. Counsel, Frederick S. Shine, Asst. Corp. Counsel, Chicago, for defendant-appellee.


Justice MURRAY delivered the opinion of the court:

Plaintiff, Phillip Aguinaga, Jr., a minor, appeals from the judgment entered on a jury verdict in favor of the defendant, City of Chicago (City). The plaintiff suffered a fractured femur while he was in the care of Louis Barrera (Barrera). Barrera testified at trial that plaintiff's injury occurred when he fell in a hole in a City of Chicago sidewalk.

On April 24, 1984, the minor plaintiff, Phillip Aguinaga...

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