Ziemba v. Mierzwa

The issue presented in this case is whether a landowner has a duty to maintain his property in such a manner that his driveway is visible to travelers on an adjacent roadway. We hold that there is no such duty.

On August 9, 1988, plaintiff, Joseph Ziemba, filed a four-count amended complaint in the circuit court of McHenry County. Plaintiff was seeking damages for personal injuries he suffered when the bike he was riding collided with a dump truck exiting a driveway owned by defendant, Keith Mierzwa. Count III of the amended complaint sought recovery from defendant for negligence based on the…