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KIRSCHBAUM v. VILLAGE OF HOMER GLEN

No. 3-04-0794.

848 N.E.2d 1052 (2006)

365 Ill. App.3d 486

302 Ill.Dec. 488

Lauren KIRSCHBAUM, Plaintiff-Appellant, v. The VILLAGE OF HOMER GLEN, Homer Township, Homer Township Highway Department, Homer Township Road Commissioner Franklin E. Dunn, Will County, Will County Department of Highways and Will County Engineer Sheldon C. Latz, Defendants-Appellees.

Appellate Court of Illinois, Third District.

May 11, 2006.

Attorney(s) appearing for the Case

Daniel B. Malone (argued), The Healy Law Firm, Chicago, for Lauren Kirschbaum.

Troy A. Lundquist (argued), Anastasia L. Hess, Langhenry, Gillen & Lundquist, Joliet, for Homer Township.

Leonard P. Basak, Anthony J. Ritrovato, Maisel & Associates, Naperville, for Village of Homer Glen.

James Glasgow, Will County State's Attorney, Domenica A. Osterberger, Assistant State's Attorney (argued), Joliet, for Will County.

John R. Fanone, Law Offices of Wolf & Wolf, Ltd., Chicago, for Sam Blatt.

Justice McDADE delivered the opinion of the court:

On appeal, plaintiff driver attempts to show the order of the Will County circuit court granting defendants' motion to dismiss was improper because defendants owed plaintiff a duty to prevent trees and brush from obstructing her view of oncoming traffic. The resolution of plaintiff's claim requires the examination of three issues: (1) whether section 3-102(a) of the Local...

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