A municipal entity is not liable to a pedestrian who jaywalks across a street and trips and falls due to a defect in the road surface which exists outside of the designated crosswalk according to a February 2010, Illinois Appellate Court decision. Donald L. Pence ( "Pence") parked his car at a Metra owned parking lot in Midlothian, Illinois. When he reached the railway crossing, he did not use a crosswalk to cross from the south side to the north side of 147th Street where the street intersects the railroad tracks. Instead, he crossed diagonally across 147th Street when he tripped on a bolt sticking out of a railroad tie in the middle of the intersection. As a result of the fall, Pence suffered a broken wrist and left shoulder. He then sued Metra for negligence.
In its defense, Metra argued that, as a municipal entity, it was not liable to Pence for Pence’s injuries, because Pence crossed the railroad tracks outside of a pedestrian crosswalk. In support of that argument, Metra employees testified that at the 147th Street intersection, crosswalks are available for pedestrians to use.
The court agreed that Metra was not liable to Pence because Pence was not an intended user of the middle of the street. The court reasoned that streets are paved, marked and regulated by traffic signs for use by vehicles while walkways are designated by painted crosswalks for pedestrian use by design. Following that reasoning, the court concluded it could not impose a duty of reasonable care on municipalities to pedestrians who cross a street outside of crosswalks.
This case illustrates that oftentimes the simplest of decisions, even whether or how to cross the street, can result in costly (and unsuccessful) litigation. If you have any questions, please contact a member of the firm.
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