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Recently, the Illinois Supreme Court held that the City of Danville, Illinois, was not entitled to immunity from a negligence lawsuit brought by a citizen who tripped and fell on a crack in a city sidewalk. The court essentially held that in order for a city or public entity to be immune under the discretionary immunity statute, it must specifically analyze the sidewalk at issue and decide that the crack at issue was not a big enough problem to warrant fixing.

Stepping on a crack in a sidewalk is a common occurrence and lawsuits to recover injuries that result from it are not rare. In Barbara ...