Opinion

Vaughn v. City of West Frankfort

258 Ill. App. 3d 424
196 Ill. Dec. 591
630 N.E.2d 526
1994 Ill. App. LEXIS 305

Court: Appellate Court of Illinois
Filed: Mar 11, 1994
Status: Published
Author: Welch
On the bench: Welch, Chapman
Cited by: 4 cases
Authority: More cited than 9.0%

The opinion

JUSTICE WELCH, dissenting:

I respectfully dissent. While Justice Chapman gives a very poetic argument, it certainly has a chilling effect on local government that must now anticipate and insure against pedestrians walking upon any portion of the roadways of municipalities.

Our supreme court in Curatola v. Village of Niles (1993), 154 Ill. 2d 201 , 608 N.E.2d 882 , imposed a duty upon the municipality to maintain the streets for persons exiting and entering lawfully parked vehicles. I do not believe they extended that duty to every portion of municipalities’ streets. The majority is trying to make new law, a result of which would force municipalities to have to construct roads to sidewalk specifications.

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