Earlier last month, a state appellate court issued an interesting opinion dealing with governmental immunity as it applies to slip-and-fall cases occurring on government land. In the case, Kozak v. City of Lincoln Park, the court discussed the “highway exception” to the general rule that government agencies are not liable for injuries caused on their land or by their employees.
Mrs. Kozak was crossing the street in Lincoln Park when she tripped on a raised portion of the road. According to the court’s written opinion, there were two concrete slabs that met in the middle of the street. Where those two slabs met, there was about a three-inch height differential between the two slabs because they did not line up perfectly.
Kozak filed a personal injury lawsuit against the City of Lincoln Park, claiming that the City was liable for her injuries because it failed to fix the dangerous condition where the two concrete slabs met. In response to Kozak’s claims, the City asserted its governmental immunity, claiming that the road was reasonably safe. In support of its position, the City had the Director of Public Services testify that in his opinion, the roadway was safe.