Warner v. City of Chicago

In Warner v. City of Chicago, 72 Ill 2d. 100, 103-04, 378 N.E.2d 502, 19 Ill. Dec. 1 (1978), the Illinois Supreme Court upheld a jury verdict for a plaintiff who tripped on a raised slab of sidewalk. In Warner, the plaintiff tripped over a raised slab of sidewalk that was covered by a Yz inch of snow. The plaintiff estimated that the slab was raised approximately two inches. A city investigator testified that he measured the raised slab 5 Yz years after the accident, and found it to measure 1 1/8 inches. The Illinois Supreme Court reasoned that a 1 1/8 maximum height variation would typically be too slight to be actionable due to the minimal nature of the defect but found that the jury could reasonably have believed that the plaintiff's testimony more accurately described the condition of the sidewalk at the time of the occurrence. The Warner court also considered that the defect was not apparent because it was obscured by snow and upheld the verdict for the plaintiff. The court emphasized that its holding "should not be construed as diminishing the force of the general rule that a municipality is not liable for minor sidewalk defects" Id. at 504.