P&W Obtains Summary Judgment for County in Motor Vehicle Accident Lawsuit

Posted by Bradford S. Purcell | Nov 02, 2017 | 0Comments

Attorneys Aaron LaRue and Emma Nowacki obtained summary judgment in favor of a county in a lawsuit that involved a motor vehicle accident in a construction zone. The codefendant driver, who settled out for his policy limits, claimed he was “confused” while traveling southbound in the designated northbound lane, leading to a head-on collision with the plaintiffs' northbound vehicle. The plaintiffs sued the county and construction contractors for negligently routing traffic through the construction zone. The evidence showed that the county owned the road, designed the construction zone configuration, and was present every day during the construction to “supervise” the work. The testimony also showed that the traffic configuration was designed in accordance with all applicable requirements and standards, and set up and maintained in accordance with all applicable plans and specifications. P&W moved for summary judgment based on the Tort Immunity Act, arguing that section 3-104 provided immunity for alleged failures to erect traffic warning signs and that section 3-108 provided immunity for the county's supervisory role on the project. After oral argument, the Cook County court granted P&W's motion based on tort immunity, as well as the defendants' joint motion arguing under Hunt v. Blasius that the project had complied with all applicable standards and specifications.

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