Diefendorf v. City of Peoria

The majority holds that bicyclists generally are not intended users of sidewalks and thus are not owed a duty of care. I respectfully disagree with this conclusion for two reasons: (1) the majority’s decision heavily relies on Boub v. Township of Wayne (183 Ill. 2d 520, 702 N.E.2d 535 (1998)), a factually distinguishable case, while ignoring other cases more clearly on point; and (2) the majority reads foreseeability out of the Act.

In the last several years there have only been three published appellate court decisions that encompass the factual situation and issue presented by this case:…