Illinois Court Holds Private Landowner Is Not Liable for Plaintiff’s Injuries


In Gilmore v. Powers, No. 1-09-1478, the First District Appellate Court of Illinois, Sixth Division, addressed the issue of whether a private landowner owner or the City of Evanston was liable for maintenance of a walkway that straddled the city-owned parkway in front of the defendants’ house.

In this case, the plaintiff was the co-owner of a moving company hired by the defendants to move furniture into their new home. The plaintiff was injured while moving the defendant’s belongings into their home when she tripped and fell on a stone walkway that was located between the curb of the street and the sidewalk. The sidewalk was admittedly owned by the City of Evanston.

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