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SWAIN v. CITY OF CHICAGO

No. 1-12-2769.

12 N.E.3d 608 (2014)

2014 IL App (1st) 122769

382 Ill. Dec. 329

Randall SWAIN, Plaintiff-Appellant, v. The CITY OF CHICAGO, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied June 17, 2014.

Attorney(s) appearing for the Case

Horwitz & Horwitz & Associates, Ltd., of Chicago (Michael Silverman, of counsel), for appellant.

Stephen R. Patton, Corporation Counsel, of Chicago (Benna Ruth Solomon, Myriam Zreczny Kasper, Suzanne M. Loose, and David G. Priddy, Assistant Corporation Counsel, of counsel), for appellee.

OPINION

Justice LIU delivered the judgment of the court, with opinion.

¶ 1 Plaintiff, Randall Swain, filed a negligence action against the City of Chicago (the City) to recover for injuries that he sustained after stepping into a pothole while crossing a city street. The City moved for summary judgment, and the circuit court denied the motion on the ground that there was a genuine issue of material fact...

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