Cunis v. Brennan

I dissent. In reaching its conclusion that count V of plaintiff’s complaint did not state a cause of action against the defendant Village, the majority has “bootstrapped” dictum from Mieher v. Brown, 54 Ill.2d 539, into authority for holding that the defendant cannot be liable to the plaintiff because it did not owe him the duty to exercise ordinary care in keeping its parkway free of the hazardous condition alleged in the complaint. The majority cite Mieher for the proposition that “A complaint for negligence must set out: the existence of a duty owed by the defendant to the plaintiff, a…