02

Blog

Snowplows and cyclists

Illinois Municipalities May Be Held Responsible Where Snow Removal Forces Cyclists and Pedestrians Into The Street

As Illinois bicycle lawyers, we handle all issues involving cyclists, including those caused by snow.  In breaking news, Illinois municipalities may be held liable for injuries to pedestrians and bicyclists forced into the street by snow piled onto sidewalks and bike lanes by city plows, according to the Illinois Appellate Court.  The ruling in Pattullo-Banks v. The City of Park Ridge, 2104 Ill App (1st) 132852 was issued on September 4th and overturned an order entered by Cook County Judge Lynn Egan dismissing the plaintiff’s lawsuit against the city.

In her lawsuit, Lorraine Pattullo-Banks alleged that as she walked on a sidewalk along Touhy Avenue in Park Ridge, Illinois she encountered a pile of snow and ice that obstructed her path.  Her claim alleged that city snowplows created the pile when they moved snow which had accumulated on the street onto the sidewalk.  In order to reach her destination she had to walk into the street, at a place where there was no crosswalk, and was struck by a car.  Her lawsuit against the city of Park Ridge alleged that in creating the sidewalk obstruction the municipality violated the duty it owed to her and others to maintain its property in a reasonably safe condition.  The municipality sought dismissal of the lawsuit under section 3-102(a) of the Local Governmental and Governmental Employees Tort Immunity Act which provides that local municipalities only owe a duty to intended and permitted users to keep its property reasonably safe.  Ms. Pattullo-Banks was struck and injured in the street, outside of a crosswalk, a place that is not intended for use by pedestrians.  It is well established in Illinois that pedestrians are not intended users of the street outside of a crosswalk.  But, Ms. Pattullo-Banks argued, the dangerous condition of which she complained was not in the street but on the sidewalk, certainly a place intended for use by pedestrians.  Given that context Park Ridge should not be able to avail itself of the protections of the Tort Immunity Act.  The appellate court agree with her and reinstated her case.  In so doing the Court stated:

“[Ms.] Pattullo-Banks’ status as an intended or permitted user — and whether immunity applies — must be determined based on the property where [the] alleged breach of duty occurred (the sidewalk), not the property where the injury occurred (the street), and not the mechanism of injury (i.e., whether she was struck by an automobile or tripped on a defect).”

It is important to note that the Court did not rule on whether the city of Park Ridge acted negligently in creating the obstruction. It merely held that the plaintiff, Ms. Pattullo-Banks, had a right to have a jury consider that issue.  Park Ridge was not entitled to have the case dismissed before a jury could consider the facts.

The implications of this ruling are significant.  Where a municipality in Illinois clears snow in the street at the expense of sidewalk users, forcing them to face danger by entering the roadway instead, it may be held liable where injury results.  Also, while the Pattullo-Banks case involved a pedestrian, there is no reason to believe that the Court’s reasoning would not also apply to a bicyclist. For example, a municipality may be held liable where a cyclist is injured after being forced to exit a bike lane and enter the street due to the piling of snow by city plows clearing way for motor vehicle traffic.  Last winter, a particularly snowy one, the City of Chicago frequently moved snow from Kinzie Street into the bike lane near the Merchandise Mart often forcing cyclists out of the lane and into the street.

Municipalities in Illinois are now on notice that snow removal is not for motor vehicles, but for all people.  If they favor cars and trucks at the expense of pedestrians and cyclists they may be held responsible where harm results.

Comments

Rachael Maney Nov 28, 2018

I asked my 7 year old son, Will, to draw me a picture of each of these things: life with cars; life with electric cars; life with autonomous cars; they all looked the same. But the fourth picture- life in a modern, forward thinking, and environmentally, economically, and socially responsible place- looked very different. Even […]

Read More
Matt Johnson Nov 06, 2018

We were somewhere around Denison on the edge of the corn fields when the Eurostyle Chamois Butter began to take hold. I remember saying something like “I feel a bit lightheaded, maybe we should stop at a watering station…” And suddenly there was a terrible roar all around us, and the road was full of […]

Read More
Peter Wilborn Oct 02, 2018

October is a big month in the triathlon world, with the Kona Ironman World Championships on the 13th. So it is good news that Triathlete Magazine chose its October issue to focus on bicycle safety and advocacy. Bike Law Director (and our resident triathlete) Rachael Maney was featured and interviewed in the piece. She shared […]

Read More
Peter Wilborn Sep 28, 2018

Chicago has become one of the nation’s top cycling cities, but along with more has come an increase in dooring crashes. A Chicago news channel has covered the issue and interviewed attorney Brendan Kevenides, Bike Law’s legal resource in Illinois. Brendan explained the growing risk to cyclists and how the “Dutch Reach” can help.  The […]

Read More
Amy Benner Johnson Sep 21, 2018

Drivers are coming within less than 1.5 feet of cyclists on the road in Knoxville with alarming regularity. Drivers are coming within less than two feet of cyclists on the road in Knoxville with alarming regularity. It’s not your imagination. It’s not all in your head. Your combined senses of touch, sound, and sight all […]

Read More
Rachael Maney Sep 12, 2018

You may have already seen the video below. If you haven’t, please watch. On Tuesday, August 24th just before 7PM, Jeff McCord and approximately 20 other cyclists were stopped at the intersection of Karl Daly and Grants Mill Road in Irondale, Alabama, a town outside the city of Birmingham. As McCord waited for an ambulance […]

Read More
Rachael Maney Aug 30, 2018

In 2010, Richmond, California got lucky when Brooklyn born Najari Smith planted roots in the Bay Area city, quickly claiming a very important role in his new community. Having given more than 1,100 bikes to Richmond’s youth and community members in the last 6 years, Najari’s vision and mission to promote a bike-centric lifestyle has […]

Read More
Bruce Hagen Jul 17, 2018

On July 11, 2018, a very experienced rider and friend to many in the Rockdale County area, Albert “Ab” Roesel, was killed while out on a rural road doing a ride that he no doubt had done many times before.  Ab was 75 years old.   The police investigation concluded that Ab had been headed Southbound, […]

Read More
Brendan Kevenides Jun 04, 2018

At sea a boat under power must give way to a more vulnerable craft.  The law requires that a power driven vessel give way to a sailing vessel.  A sail boat must give way to a craft engaged in fishing. These simple rules are consistent with the maxim that with greater power comes greater responsibility. […]

Read More
Commuter Bike
Bruce Hagen May 29, 2018

Recently, my wife and I moved into a new home that’s closer to my office, which has allowed me to start commuting by bike.  I rode my bike to and from my office 4 consecutive days before my schedule forced me back into the car. My hope and plan is to commute by bike at […]

Read More
Pat Brown May 10, 2018

Strength, ambition, and courage are just a few words that come to mind when we think of Anthony Lue.  Growing up, Anthony enjoyed playing competitive sports such as baseball, volleyball, basketball and mountain biking, but his true passion was discovered on his high school track.    After winning gold for 100m hurdles at the provincial championships […]

Read More
Lauri Boxer-Macomber Apr 30, 2018

Following a horrific bicycle crash in 2016, Dr. Michael Rifkin has become a new type of bicycling advocate — one who is deeply committed to ending distracted driving. Read his op-ed on Making Distracted Driving in Maine Taboo here. Dr. Rifkin’s piece reminds us that we can be distracted by our phones and other electronic devices even […]

Read More
Load More