Sorting Out the Facts
In the case Curatola v. Niles, 154 Ill. 2d 201, 608 N.E.2d 882 1993), the Illinois Supreme Court stated that to properly allege in a complaint a cause of action for negligence the plaintiff must allege that the defendant owed a duty of care, that it breached that duty (was negligent), that that the plaintiff’s injuries (damages) were proximately caused by the negligence (breach of duty) and that the plaintiff suffered injuries (damages).
The Dorite case is a negligence case under the law of premises liability. This means that the premises should be maintained by the defendant with ordinary care for the safety of the plaintiff and other intended users of the premises. Review the facts of the Dorite case, and try in one sentence to state the duty owed by the City to Ms. Dorite. After you have done so then discuss the facts set forth in Ms. Dorite’s interview that might support the factual allegation in a complaint that (i) the City was negligent (breached its duty) in maintaining the premises; (ii) that Ms. Dorite’s injuries were proximately caused by the City’s acts of negligence (breach of its duty) and that she Ms. Dorite was injured (suffered damages).
The Dorite case is submitted in the Word document