Citations
- 74 Ill. App. 3d 264
Full opinion text
Mr. PRESIDING JUSTICE STENGEL
delivered the opinion of the court:
Defendant Lily Cache Builders, Inc., the developer of a new subdivision, appeals from judgment for $3,700 entered upon a verdict in favor of Elizabeth Carroll, plaintiff, in a personal injury action.
The facts are not in dispute. In 1973 defendant constructed a house for Kenneth and Elizabeth Carroll located on a cul-de-sac in a new subdivision in Plainfield, Illinois. At the time the Carrolls moved in, construction of the cul-de-sac had not yet begun, but within a few days the circle was rough-graded with a bulldozer and the curbs were installed. Later a 10-inch layer of crushed stone would be laid followed by an asphalt finish. On July 27, 1973, the crushed stone layer had been placed on the 'street leading into the cul-de-sac, but no stone had yet been put on the circle itself. At that time, only two homes on the cul-de-sac were occupied: the one belonging to the Carrolls and one directly opposite owned by Mr. and Mrs. W. J. Burkhart. There were no sidewalks, and the only means of access to and from the two homes was across the cul-de-sac.
Early on the evening of July 27, 1973, plaintiff and her two small children Crossed the circle to pay a social visit to their neighbors, the Burkharts. During the evening a terrible thunderstorm occurred with heavy rainfall which delayed plaintiff’s return home until approximately 10:30 p.m. After the rain stopped she started home, carrying her three-year-old daughter and leading her five-year-old daughter by the hand. The cul-de-sac was muddy and full of puddles which were visible from the light of the porch lights of the two houses and the intermittent flashes of lightning. As plaintiff tried to pick her way around the puddles, her left foot went into a hole, and she fell, breaking her ankle.
Plaintiff file