Illinois Supreme Court

Alave v. City of Chicago

December 14, 20232023 IL 128602

Summary

The Illinois Supreme Court held that the City of Chicago owed no duty under the Tort Immunity Act to a bicyclist who was injured after striking a pothole on a roadway lacking bicycle signs or markings. Although the plaintiff was a permitted user, the surrounding Divvy station, bicycle sign, sidewalk ordinance, bicycle rack, and other circumstances did not affirmatively manifest the City's intent that bicycling occur on the specific roadway at the accident site. The court reversed the appellate court and affirmed dismissal of the complaint with prejudice.