Plaintiff was injured when he stepped into a pothole while crossing a city street. The pothole was about 5 inches outside of the crosswalk. The trial court held in favor of the City stating it owed no duty to plaintiff even though he was an intended user inside the crosswalk because the defect was outside of the crosswalk.

The First District affirmed. It was well-settled law that a municipality owes no duty to a pedestrian who crosses a public street outside of a crosswalk. It rejected plaintiff's argument that he was partially within the crosswalk at the time of the injury, and therefore, the City owed a duty even though the pothole was outside the crosswalk. Swain v. City of Chicago, 2014 IL App (1st) 122769.