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ILLINOIS OFFICIAL REPORTS
Appellate Court

Ponto v. Levan, 2012 IL App (2d) 110355

Appellate Court Caption

DENISE PONTO, Plaintiff-Appellant and Cross-Appellee, v. DALE LEVAN, Defendant and Third-Party Plaintiff-Appellant and CrossAppellee (The City of Dixon, Third-Party Defendant-Appellee and CrossAppellant).

District & No.

Second District Docket No. 2-11-0355 June 27, 2012 August 8, 2012 The expiration of the one-year statute of limitations in the Tort Immunity Act barred plaintiff from adding third-party defendant city as a defendant in her action against an intoxicated driver who slid on a patch of ice caused by the city's negligently maintained water main and struck her car, and with regard to defendant driver's timely third-party complaint against the city, the city was not entitled to assert immunity for the discretionary acts of its employees under the Act because no discretion was exercised in connection with the water main at the site of the accident.

Filed Modified upon denial of rehearing Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Lee County, No. 08-L-9; the Hon. Daniel A. Fish, Judge, presiding.

Judgment

Affirmed.

Counsel on Appeal

David J. Brassfield and Erik E. Carlson, both of Brassfield, Krueger & Ramlow, Ltd., of Rockford, for appellant Denise Ponto. Esther Joy Schwartz, Theodore W. Pannkoke, Richard W. Schumacher, and Mark A. Huske, all of Stellato & Schwartz, Ltd., of Chicago, for appellant Dale Levan. Stephen E. Balogh and Laura D. Mruk, both of WilliamsMcCarthy LLP, of Rockford, for appellee.

Panel

PRESIDING JUSTICE JORGENSEN delivered the judgment of the court, with opinion. Justices Zenoff and Hudson concurred in the judgment and opinion.

OPINION

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Illinois Law