Marshall v. City of Centralia

The mother of the plaintiff, Evelyn Marshall, as the plaintiff’s next friend, filed a complaint on behalf of her son, John Marshall, in the circuit court of Marion County, for injuries allegedly caused by the negligence of the defendant, the City of Centralia. Her son was injured when he stepped into an open sewer manhole on a parkway owned by the defendant. The defendant denied any liability and made a motion for summary judgment (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1005). The trial court granted the motion, finding that no facts were pled which would indicate that the city owed a duty…