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Weiner and Jansen Obtain Dismissal of Case for Municipality Client

HeplerBroom attorney Stephanie Weiner HeplerBroom attorney Sarah Jansen

Stephanie Weiner and Sarah Jansen recently secured a victory for the City of Waukegan, Illinois.

The plaintiff was a bicyclist who allegedly fell on an unsafe area of a city sidewalk. Weiner and Jansen filed a Motion to Dismiss based on the fact that a Waukegan ordinance prohibited cyclists from riding bikes on sidewalks in the business district. Because of that ordinance, pursuant to Section 3-102(a) of the Tort Immunity Act, the plaintiff was not an intended or permitted user of the sidewalk, and the city therefore had no duty to the plaintiff. The Lake County Circuit Court agreed that the ordinance and city zoning map were clear and unambiguous: cyclists are not permitted to ride their bikes on the sidewalk. It granted the motion and dismissed the complaint with prejudice.

Weiner, a partner in the firm’s Chicago office, focuses her practice on civil litigation and risk transfer, with an emphasis on the defense of governmental and civil rights law and §1983 litigation. She has taken jury trials to verdict in various counties across northern Illinois and has also successfully resolved many matters through mediation and arbitration. Weiner has been named an Illinois Leading Lawyer by Law Bulletin Media.

Jansen, an associate attorney in the firm’s Crystal Lake office, focuses her practice on risk transfer matters and municipal law. She is a recipient of the Litigation Award from the Illinois Institute for Local Government Law and has been named to the list of Ones to Watch by Best Lawyers in America.


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