DiBenedetto v. Flora Township

In DiBenedetto v. Flora Township (1992), 153 Ill. 2d 66, 605 N.E.2d 571, 178 Ill. Dec. 777, a driver lost control of his car, crossed over the oncoming lane, crossed over the shoulder, and landed in a drainage ditch. The trial court granted defendant's motion to dismiss for failure to state a cause of action. The Supreme Court agreed stating, "the proximate cause of the accident in this case was not the ditch. The proximate cause of the accident was the loss of control of the vehicle and its being driven off the traveled way." (DiBenedetto, 605 N.E.2d at 573.) The Supreme Court held that the ditch was not the cause of the accident, but that the driver's loss of control was the proximate cause of the accident In DiBenedetto, the Illinois Supreme Court upheld the trial court's decision that the burden which would be imposed upon the State to make roadside drainage ditches safe for motorists who stray from the traveled way was of such a great magnitude that no duty was owed to plaintiff. The drainage ditch was there to protect against flooding and not designed for traffic. The court held that the proximate cause of the accident was not the ditch, but the loss of control of the vehicle by the driver going off road.