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Doak v. City of Moline

Case Date: 07/13/2001
Court: 3rd District Appellate
Docket No: 3-00-0609 Rel

July 13, 2001

No. 3-00-0609

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2001

PEGGY DOAK,

          Plaintiff,

          v.

THE CITY OF MOLINE,
A Municipal Corporation,

          Defendant-Third Party
          Plaintiff-Appellant,

          v.

RYAN L. ROWE,

          Third Party Defendant-
          Appellee.

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)		 Appeal from the Circuit Court
of the 14th Judicial Circuit
Rock Island County, Illinois,





No. 99--L--126






Honorable
Ronald C. Taber,
Judge Presiding.

JUSTICE SLATER delivered the opinion of the court:

The defendant, the City of Moline (the City), appeals froman order of the circuit court granting third party defendant RyanRowe's motion to dismiss. On appeal, the City argues that thetrial court erred in: (1) granting Rowe's motion to dismiss; and (2) denying its requests to amend the pleadings. For thefollowing reasons, we affirm.

The record reflects that on August 31, 1998, the plaintiff,Peggy Doak, was jogging in the vicinity of 14th Street and 23rdAvenue in Moline, Illinois, when she allegedly tripped and fellon an uneven and sunken portion of the sidewalk. As a result ofthe fall, Doak claims that she sustained serious injuries. Thesidewalk where Doak was allegedly injured was adjacent to andabutting Rowe's property.

On July 22, 1999, Doak filed suit against the City of Molinealleging that it failed to properly maintain its sidewalks andallowed the sidewalk to be in a defective and dangerouscondition. The City of Moline subsequently filed a third partycomplaint against Rowe for failing to discharge his duties tomaintain the sidewalk pursuant to city ordinance. That ordinanceprovides, in part:

"It shall be the responsibility of theabutting property owner to maintain thesidewalk as to proper alignment, grade andsurface." Moline Municipal Code