Filipetto v. Village of Wilmette

Plaintiff, Daniel Filipetto, a minor, brought an action to recover for injuries sustained when his bicycle ran into an unattended air compressor on the street. After a jury trial, a $389,761.62 verdict was rendered in favor of plaintiff with the percentage of negligence attributed to him being 20%. Of the remaining 80%, 55% was attributed to defendant Artley Paving Company (Artley), which subsequently settled its case with plaintiff, and 45% was attributed to defendant Village of Wilmette (the Village).

On appeal, the Village asserts that (1) plaintiff’s claim failed to state a viable cause of…