Tort
Immunity Act
Barr v. Frausto

Plaintiff
filed suit for negligent property maintenance for damages for injuries he
sustained on City property when he stepped into a hole on a grass-covered
parkway and fell. Court properly granted summary judgment for City. City did
not have actual notice of hole in parkway. For purpose of Section 3-102(a) of
Tort Immunity Act, constructive notice is established when a condition has
existed for such a length of time or was so conspicuous that public
authorities, by exercising reasonable care and diligence, might have known of
the condition. Plaintiff failed to satisfy burden of proving constructive
notice, as he failed to establish a genuine issue of material fact as to that
issue.  (McDADE and SCHMIDT, concurring.)