Thomas v. Town of Cicero

Streets are for vehicles. Sidewalks and crosswalks are for pedestrians. But what about alleys? The plaintiff in this case walked in a Town of Cicero (Cicero) alley. She stepped into a crack and fell, injuring herself.

The question before us is whether Cicero intended that the plaintiff walk in the part of the alley where she fell. If it did not, the money damages judgment entered against Cicero cannot stand.

After examining where the plaintiff walked and why she walked there, we conclude she was not an intended user. For that reason, we vacate the jury’s verdict in her favor and remand the…