Kirschbaum v. Village of Homer Glen

On appeal, plaintiff driver attempts to show the order of the Will County circuit court granting defendants’ motion to dismiss was improper because defendants owed plaintiff a duty to prevent trees and brush from obstructing her view of oncoming traffic. The resolution of plaintiffs claim requires the examination of three issues: (1) whether section 3 — 102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/3 — 102(a) (West 2002)) imposes a duty upon defendants to trim or remove obstructive trees, shrubbery and foliage from defendants’ street…