On September 23, 1999, the Illinois Supreme Court affirmed the appellate court's decision that the city of Chicago did not have a duty to construct road medians to be safe for use by emergency road vehicles.
On March 19, 1999, the first district affirmed the holding of the Circuit Court of Cook County in this case, holding that the defendant owed no duty of care to passing motorists who may become distracted by the activities of its business.
The authors lament the confusion caused by courts' applying two conflicting theories of comparative fault: equitable apportionment and indivisible injury.