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.
