Cole v. City of East Peoria

In Cole v. City of East Peoria (1990), 201 Ill. App. 3d 756, 559 N.E.2d 769, 147 Ill. Dec. 429 (3rd Dist.), a father brought suit for injuries suffered by his daughter when her bicycle tire caught in a similar parallel sewer grate. The circuit court granted summary for the city but the appellate court reversed and remanded the case. Constructive notice was a key factor in the decision, however, there was substantial evidence indicating notice to the city: "(1) since at least 1979, the City knew of the danger of the grates and had replaced broken or damaged grates with new grates containing safety features; (2) the area of the street where the minor's injuries occurred had an extended white line four feet from the curb on the side of the grate; (3) the area between the white line and the nearest curb was being used extensively by bicyclists and pedestrians; (4) prior to the injury to the minor, the City had notice that another bicyclist had been injured when a wheel of a bicycle had fallen through a similar grate." Cole, 201 Ill. App. 3d at 761; 559 N.E.2d at 773. The Appellate Court found constructive notice where, among other factors, the area was used extensively by bicyclists, another bicyclist had been injured when his wheel had fallen through a similar grate and where the grates had been broken or damaged and had been replaced with new grates containing safety features. Cole, 201 Ill. App. 3d at 761; 559 N.E.2d at 773.