Legal Opinion

Montgomery v. City of Chicago

Appellate Court of Illinois

Decided June 28, 1985No. 84-1771PublishedCited by 15 opinions

1Opinion of the CourtJustice McNAMARA

Plaintiff, Thelmar Montgomery, filed suit against defendant, city of Chicago, seeking to recover damages for a back injury sustained when plaintiff’s automobile struck a pothole in a city street.

After a trial, a jury awarded a verdict in favor of plaintiff against the city in the amount of $1,500. Finding that “some *** prejudicial factor must have been applied by the jury to the facts,” the trial court granted plaintiff’s motion for a new trial on the issue of damages only. A second jury awarded a verdict of $3,500 against the city and, without setting forth any reasons, the trial court…

2Cases cited9 opinions

  1. Flynn v. VancilIllinois Supreme Court · 1968
  2. Palmer v. Avco Distributing Corp.Illinois Supreme Court · 1980
  3. Nicholl v. ScalettaAppellate Court of Illinois · 1982
  4. Khatib v. McDonaldAppellate Court of Illinois · 1980
  5. Haleem v. OnateAppellate Court of Illinois · 1966

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3Cited by15 opinions

  1. Yassin v. Certified Grocers of Illinois, Inc.Appellate Court of Illinois · 1986
  2. Branum v. SLEZAK CONSTRUCTION COMPANY INC.Appellate Court of Illinois · 1997
  3. Hinnen v. BurnettAppellate Court of Illinois · 1986
  4. Elliott v. KochAppellate Court of Illinois · 1990
  5. People Ex Rel. Department of Transportation v. SmithAppellate Court of Illinois · 1994

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