Illinois Supreme Court rules Chicago not liable for pothole on street not ‘intended’ for cyclists
By DILPREET RAJU
Capitol News Illinois
draju@capitolnewsillinois.com
Bicyclists are nearly always “permitted” users of the road — but are only “intended” users of the road when bike lanes or signage are present, the Illinois Supreme Court ruled last week.
That distinction means the city of Chicago is not liable for damages sustained by a bicyclist who was injured after he hit a pothole on a city street that had no such signage.
In June 2019, Clark Alave was biking on the North Side of Chicago when he hit a pothole in a crosswalk and fell off his bicycle, resulting in fractured teeth, cuts on his face and other bodily injuries, court records state.
Alave filed a complaint for negligence against the city, alleging it neglected its duty to maintain the crosswalk, resulting in the pothole that ended up injuring him.
Alave’s complaint argued the city owed him a reasonable duty of care. A state appellate court agreed and sided with Alave, but in a unanimous decision published Dec. 14, the Illinois Supreme Court reversed that decision and sided with the city.
The case pertained to a section of the Tort Immunity Act, which states local public entities have a duty to maintain property in a safe condition for “people whom the entity intended and permitted to use the property.” The act also notes a public entity “shall not be liable for injury” unless it received notice of an unsafe condition in enough time to remedy it prior to the injury.
Ultimately, the case came down to whether bikers are always “intended” users of roadways, particularly without the immediate presence of bike lanes, or whether they are simply “permitted” users.
The court cited a 4-3 decision from 1998 in the case of Boub v. Township of Wayne, which held, “Bicyclists are permitted, but not intended, users of the roads, in the absence of specific markings, signage.”
Though there was no signage indicating bicyclists could ride on West Leland Avenue where the accident occurred, the plaintiff’s legal team argued the presence of a Divvy bikeshare station “about 100 feet away from the pothole” was an indication of the City’s intended use of the street for bicycles.
An appellate court agreed with the assertion, but the Supreme Court rejected it.
Justice David K. Overstreet authored last week’s opinion, with the other six justices concurring. Overstreet wrote that because bicyclists could ride on the sidewalk adjacent to the Divvy station, riding on the pothole-ridden street was not a “necessity” for Alave.
The opinion cites the Chicago Municipal Code, which grants bicyclists the right to ride on city streets but specifically states, “This does not mean that the City intended bicyclists to use every roadway in the city that motorists are intended to use.”
In April, a pair of biking advocacy nonprofits, the Active Transportation Alliance and Ride Illinois, filed amicus briefs in support of the plaintiff. The Illinois Trial Lawyers Association also filed a brief in support of Alave.
Dave Simmons, executive director of Ride Illinois, said in an interview with Capitol News Illinois he and other advocates have been “frustrated” with the 1998 decision and now the 2023 decision. He said that while people shouldn’t be able to sue municipalities on a whim, some regulations would benefit everyone.
“There should be some responsibility, and the fact that bicycles are permitted – and not intended users – of the road just thwarts our efforts to make biking, in turn walking, something that more people can use to get around or enjoy,” Simmons said.
During the oral arguments before the Supreme Court in September, Stephen Collins, counsel for the city, referenced the Boub decision.
In that decision, he said, the court “recognized the tremendous cost to municipalities that would be associated with making all roadways in a reasonably safe condition for bicycling.”
“In my view, that would just be prohibitively expensive,” he said.
Justice Lisa Holder White asked Collins if bikers in permitted but not intended areas are “biking at their own risk.”
“That’s right, Your Honor,” Collins said.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
Local News
Riot Fest abandons Chicago park for SeatGeek Stadium
Spread the loveBy Bob Bong Last year, Lyrical Lemonade moved its Summer Smash hip-hop music festival from Chicago’s Douglass Park to Bridgeview’s SeatGeek Stadium. Thousands of fans poured into the stadium at 7100 S. Harlem Ave. over the course of three days and, by most accounts, enjoyed the experience. Summer Smash returned to SeatGeek this…
Comings & Goings: Orland Park Summerfest returns this weekend
Spread the loveBy Bob Bong Back for a second go round this weekend is the Orland Park Area Chamber of Commerce’s Summerfest. The event combines a carnival, live music, an array of dining options and a car show, at the 153rd Street Metra Station location in Orland Park and will run from Friday, June 14,…
Repair Cafe this Saturday at Township of Lyons HQ
Spread the loveBy Steve Metsch Repair cafes have become quite the thing for the Township of Lyons. So much so that another repair cafe will be offered from 10 a.m. to 1 p.m. this Saturday, June 15, at the township office, 6404 Joliet Road in Countryside. A repair café held in May was a smashing…
‘They didn’t have to kill my brother’ – sister of slain Bridgeview man
Spread the loveBy Steve Metsch Arturo Cantu should be celebrating two big events this weekend. He would have celebrated his 40th birthday on June 14. And, a sister said, he would have enjoyed Father’s Day on Sunday, spending time with family and his two young children. Instead, 10 family members and friends gathered in a…
‘You just learn to live with the pain’
Spread the loveStatus hearing in July for McCook murder By Steve Metsch The attorney representing a Chicago man charged with murdering a Blue Island man in McCook in February told a judge Wednesday there’s been “a significant and outstanding discovery in this matter.” Attorney Damon Cheronis made his comment before Cook County Circuit Court Judge…
Man shot in La Grange; suspect arrested in Stickney
Spread the loveBy Steve Metsch A man was shot Tuesday afternoon in La Grange, according to a news release received Wednesday from the police department. A suspect has been apprehended, the release said. The shooting victim remains in stable condition at a local hospital, the release said. La Grange Police, working with the Major Case…
Softball | Marist will play for state title for fourth straight season
Spread the loveBy Randy Whalen Correspondent Marist returned to the state title game for the fourth straight season with a 7-1 victory over Mundelein in the semifinals, held June 7 at Louisville Slugger Sports Complex in Peoria. The Mustangs (36-2) were making their first appearance at state since 1996. “We have a core group of returners,”…
McCook building inspector retires after 18 years
Spread the loveBy Steve Metsch After 18 years of inspecting buildings, be it a modest bi-level house or a sprawling multi-million-dollar warehouse, Terrence Hickey is retiring from the village of McCook. His retirement takes effect June 28, Mayor Terrance Carr said during the June 3 meeting of the village board. “I’m jealous,” Carr said. “(He’s…
New Summit Girl Scout troop off and running
Spread the loveBy Carol McGowan There’s a new Girl Scout Troop in Summit, and they have been busy. Troop 56615 is made up of girls from Summit School District 104 from first-grade to third-grade, and between 7-9 years old, making them Brownies in the scouting world. They have 10 girls so far, and Troop Leader…
Neighbors
Tabares backs West Lawn Branch Library
Spread the love Twenty-third Ward Ald. Silvana Tabares (left) recently toured the renovated West Lawn Branch Library, 4020 W. 63rd St.,, with new branch manager Mina Duarte. Details about the renovation’s may be found in the West Lawn column in the January 28 Greater Southwest News-Herald. –Supplied photo
Chuy backs Starbucks unionization
Spread the love U.S. Rep Jesús “Chuy” García (D-4th), white mask, recently stood with those who support unionization of Starbucks workers, outside a shop in the city. Workers are attempting to organize under the banner of Chicago and Midwest Joint Board, Workers United, an affiliate of the Service Employees International Union. –Supplied photo
‘Grizzled’ sophomores help Naz beat Marist
Spread the loveBy Jeff Vorva Staff Writer Nazareth’s “grizzled veterans” have won 19 of their first 20 games. The Roadrunners’ were victorious in a big East Suburban Catholic Conference showdown with Marist, with two sophomores doing most of the damage in a 53-42 win in LaGrange Park on Jan. 19. Nazareth improved to 19-1, 4-0.…
Postseason Sports Report: Area stars ready for state bowling and dancing
Spread the loveBy Jeff Vorva Staff Writer The first two IHSA state tournaments for winter sports will take place this weekend, and an army of area athletes will be competing in both. The boys bowling and competitive dance championships will be held Friday and Saturday, with the bowlers heading to St. Clair Bowl in O’Fallon…
Strus tops former coach in Stagg’s win over Sandburg
Spread the loveBy Jeff Vorva Staff writer Marty Strus has nothing but good things to say about his former high school coach, John Daniels. “He’s meant a ton to me,” Strus said of the coach he faced off against last week when his Stagg Chargers took on Sandburg. “He meant a lot to me as…
Palos Area Chamber dedicated to promoting area
Spread the loveBy Kelly White Dedicated to helping local area businesses strive is the Palos Area Chamber of Commerce. The chamber was formed in 1949 when a small group of merchants joined together for the purpose of advancing economic, industrial, professional, cultural, and civic welfare of the Palos Heights area. For 68 years, the Palos…
We need real solutions to crime
Spread the loveBy Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 Crime and safety concerns are the number one topic of all the calls and texts I receive. It seems that many politicians offer no solutions except the usual lists of ways to keep safe. I think everyone knows about locking…
Icy spill yielded plenty of good will
Spread the loveBy Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 284-7394 Here is a giant shout out to our first responders in the community. On Jan. 9, when a sheet of ice descended on Chicago, I was walking the dog. Walking around Peck School was great.…
It’s a busy January in Gage Park
Spread the loveBy Joan Hadac Neighborhood correspondent at large Greetings, Gage Parkers! I’m pleased to be filling in this week for Karen Sala. It’s fun for me to report on Gage Park, the neighborhood where I lived for the first 26 years of my life. There’s always something happening in this big, exciting part of…