Municipal Liability

John Fleming represented a local municipality in a case where the injured person tripped and fell on a curved and sloped area of a curb, where the curb met an inclined driveway.  The injured person had a fractured ankle and significant medical bills.  The trial court judge dismissed the case at the trial court level, based on extensive prior case law supporting that the city has no liability for an injury occurring at this location.  

John Fleming represented the defendant municipal entity in a case where the injured plaintiff, a man jogging on the sidewalk, fell in a square hole in the sidewalk where a sign had previously existed.  The jury returned with a verdict in favor of the injured jogger, since the parties were too far apart in settlement.  

John Fleming represented the City in a case where water pipes leaked in a building causing interior damage.  The Plaintiff claimed that the city had a duty to inspect or otherwise protect commercial buildings from leaky water pipes inside the building.  The court ruled on Motions to Dismiss many of plaintiff’s claims, ruling in favor of the City on multiple theories plead.  

John Fleming defended an elderly woman, walking at night, fell into a shallow fountain display located in a public park.  John represented the municipal entity that designed and built the fountain.  Plaintiff claimed the fountain should have had fencing or barricades to keep people out of the fountain area.  The trial court judge dismissed the case.

John Fleming represented a local municipality that shut down the work of a property developer and contractor, based upon certain failures of the contractor to comply with designs, plans, and specifications.  The contractor sued under numerous theories, including breach of contract, violation of civil rights, statutory violations and negligence claims.  The trial court granted summary judgment in favor of John’s client, the municipal entity, ruling that there was no violation of any contract and ruling that immunity protected the city from the other claims.

The case was defended by lawyers at Fleming & Umland both at the trial court level and through appeals in the appellate courts.  The judgment in favor of John’s client was upheld on appeal.

John Fleming defended a case involving multiple police departments that were part of a joint task force for drug crime investigations and arrests.  A “sting operation” was organized by one police officer, and numerous police employees, from various municipalities, participated in the entry into the apartment of the alleged crime perpetrator, and arrest of the alleged perpetrator.  Ultimately, it turned out that the wrong apartment number was used and entered, no charges were filed against the perpetrator (even though drugs were found in the apartment).  A settlement conference resulted in a small settlement, with contributions from several defendant police departments.

John Fleming represented the police chief and one of the two police departments called to the scene of a domestic dispute at a home.  Upon arrival, the husband claimed there was no problem, the police entered the home, questioned both the husband and the wife.  Shortly thereafter, the wife grabbed a handgun, walked out the back door of the home and shot herself.  The police departments were sued for allegedly failing to protect the wife or keep her away from a gun.  The trial court dismissed the case against both police departments.

John Fleming defended a village in a case involving water damage to the interior of a house. There was a dispute whether the water damage came from the municipal source or came from the private land owners own property. Ultimately, the case was dismissed against the village, based on insufficient evidence against the village.

John Fleming defended the municipality that owned, designed, and constructed the roadway and adjacent guardrail system, in a case involving the death of a vehicle passenger.  The claimant was a passenger in a vehicle that purportedly was driving at a high rate of speed, left the roadway at a curve, drove through the guardrail, and ended up upside down in a ditch.  The evidence revealed that the vehicle driver and passenger had spent many hours at a local sports bar and restaurant, and after closing the place down, left the location in an intoxicated state.  

John Fleming successfully argued, and the court granted, summary judgment in favor the municipality that designed and constructed the roadway guardrail system.  The court granted summary judgment in the face of numerous defenses raised under Illinois statutes and the Illinois Tort Immunity Act, for the municipal entity.  The judgment was affirmed on appeal in the appellate court.

John Fleming represented a municipal entity based on a claim that the city allegedly failed to properly conduct the demolition of a downtown building. The suit was brought by an adjacent building owner that claimed both property damage and alleged damage to the business. After business records and financial records were probed, and it appeared there was an absence of evidence of damages, the case was dismissed.