2016 IL App (1st) 151925 No. 1-15-1925 Opinion filed July 19, 2016
Second Division

IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT

) Appeal from the Circuit Court LLOYD BURNS , ) of Cook County. ) Plaintiff -Appellant, ) ) No. 13 L 1068 v. ) ) The Honorable THE CITY OF CHICAGO , a Municipal ) Janet A. Brosnahan, Corporation, ) John P. Callahan, Jr., ) Susan Zwick , Defendant -Appellee. ) Judge, presiding. )

JUSTICE HYMAN delivered the judgment of the court, with opinion Presiding Justice Pierce and Justice Neville concurred in the judgment and opinion

. O PINION ¶ 1 This is a trip and fall case involving a crosswalk with a surface in compliance with
American s with Disabilities Act requirements. Plaintiff Lloyd Burns alleges the defendant City of Chicago (i) negligently installed the ADA sensory tiles; (ii) failed to inspect the area of sidewalk where he tripped; (iii) failed to repair that portion of sidewalk; and (iv) failed to warn him of the dangerous nature of the sensory tiles. After the trial court dismissed Burns’ allegations with regard to failure to warn, the City moved for and was granted summary judgment. Burns challenges the se rulings.1-15-1925

¶ 2 We affirm , finding (i) exposure of the raised ADA sensory tiles was de minimis ; (ii) the

tr ial court properly dismissed Burns ’ failure to warn allegations; (iii) the City lacked const ructive notice of the raised tiles; and (iv) the tiles were an open and obvious condition. ¶ 3 BACKGROUND ¶ 4 The ADA directs municipalities to inst all detectable warning surfaces at crosswalks to provide a sensory cue to visually impaired individuals of where a sidewalk ends and a roadway begins. ADA Compliance Guide ¶ 446 (Thompson Information Services 2014)

. ADA sensory tiles consist of truncated domes aligned in a square or radial grid pattern laid on top of fresh
concrete. New sidewalk construction and reconstruction of existing sidewalks must meet ADA
standards. The concrete foundation can last up to 15 years and t he tiles wear out in 5 to 10 years

. M ichael Drake, the genera l superintendent of the City ’ s department of t ransportation, testified
the tiles can be pushed out of alignment with the sidewalk when trucks drive over them or if an individual attempts to remove the metal screws securing the tiles to the cement foundation. ¶ 5 The City annually installs tiles in 2500 to 3000 new locations

. The City maintains existing tiles through the 311 system, which is initiated when an individual calls and reports a
defect in a tile

. In January 2010, the City ins talled t iles at the intersection of North Parksid e Avenue and West North Avenue. Photographs on the Google Maps website from June 2011
show the tiles were not raised. ¶ 6 On August 15, 2012, around 6 p.m., Burns was walking home on West North Avenue and
reached the intersection of North Parkside Avenue. There was “medium” light at the time, it was raining, and Burns did not have a raincoat or an umbrella. Traffic was light. Burns tripped and
fell over the t ile s at the intersection and was injured. Burns confirmed in his deposition that he

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crosses this intersection at least once a week and had never noticed the condition of the tiles before he tripped. Burns testified he was not distracted when he approached the intersection and was watching the traffic as he tripped. ¶ 7 Although Burns did not see what he tripped on before he fell, afterwards he noticed the

t ile s were raised above the sidewalk level

. In his deposition, Burns estima ted the difference was
11⁄2 inches. Burns’ couns el took photographs of the t iles and the adjacent sidewalk

. One photograph using a ruler indicates the t ile s Burns tripped over were raised three

- fourths of an
inch above the sidewalk. ¶ 8 Burns filed a two

- count complaint against the City and Arrow Road Construction

. The count against Arro w was later dismissed by agreement. In his second amended complaint, Burns alleged the City (i) negligently installed the t iles; (ii) failed to inspect the area of sidewalk where he tripped; (iii) failed to repair that portion of sidewalk; and (iv) failed to warn him of t he dangerous nature of the t iles. ¶ 9 The City moved to dismiss Burns ’ failure to warn claim under section 2

- 619(a)(9) of the
Code of Civil Procedure (Code) (7 35 ILCS 5/2

- 619(a)(9) (West 2012 )), arguing that it was precluded from liability f or its failure to provide barricades or warning signs in pedestrian areas
under section 3

- 104 of the Local Governmental and Governmental Employees Tort Immunity
Act (Tort Immunity Act or Act ) (74 5 ILCS 10/3

- 104 (West 2012 )). The trial court granted the
motion. ¶ 10 Burns filed a third amended complaint, adding an additional claim under the doctrine of res ipsa loquitor

. Burns alleged the City was liable for his injuries because his tripping over the

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t iles constitute d an unusual and unexpected result , which does not ordinarily occur absent negligence on the part of the City. ¶ 11 The City moved for summary judgment under section 2 -1005 (c) of the Code ( 735 ILCS
5/2- 1005(c) (West 2012)) , arguing (i) the complained-about condition was de minimis ; (ii) the City had neither actual nor constructive notice of the condition; and (iii) the condition was open
and obvious. The trial court granted summary judgment. ¶ 12 Burns challenges the orders granting the City ’ s motion to dismiss and motion for summary judgment . He argues t hat (i) the tiles are warning devices; (ii) the raised tiles were not

a de minimis condition; (iii) the City had constructive notice of the raised tiles; and (iv) the City owed Burns a duty because the raised tiles were open and obvious. ¶ 13 STANDARD OF R EVIEW ¶ 14 This court reviews ruling on a motion to dismiss under section 2-619 de novo

. 735 ILCS
5/2- 619 (West 2012 ); Bjork v. O ’ Meara , 2013 IL 114044, ¶ 21. Section 2-619 (a)(9) provides for involuntary dismissal when affirmative matter avoids the legal effect of or defeats the claim asserted against the defendant . 7 35 ILCS 5/2

- 619(a)(9) (West 2012) ; Patrick Engineering, Inc. v. City of Naperville , 2012 IL 113148, ¶ 31 ( “ A section 2-619 motion to dismiss admits the sufficiency of the complaint, but assert s a defense outside the complaint that defeats it. ” ). In reviewing a section 2- 619(a)(9) dismissal, this court construes all pleadings and supporting documents in the light most favorable to the nonmoving party, here, plaintiff. Bjork , 2013 IL 114044, ¶ 21. ¶ 15 We also review a summary judgment ruling de novo

. Abrams v. City of Chicago , 211 Ill. 2d 251, 258 (2004). In considering summary judgment , we determine whether a genuine issue of

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material fact exists and whether the moving party will prevail solely as a matter of law. Adams v.
Northern Illinois Gas Co

. , 211 Ill. 2d 32, 42

- 43 (2004). The court does not try issues of fact, but must ascertain if any exist. Gilbert v. Sycamore Municipal Hospital , 156 Ill. 2d 511, 517 (1993). The trial court may grant su mmary judgment where “ the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. ” 735 ILCS 5/2

­ 1005(c) (West 2012) ; Negron v. City of Chicago , 2016 IL App (1st) 143432, ¶ 13. We may
affirm the trial court ’ s ruling on any basis appearing in the record. People v. Olsson , 2015 IL App (2d) 140955, ¶ 17 (appellate cou rt review s trial court ’ s judgment rather than its reasoning). ¶ 16 ANALYSIS ¶ 17 De Minimis Defect ¶ 18 Burns asserts that a genuine issue of material fact exist s as to whether the defect was
de minimis. Specifical ly, Burns identifies differences in the construction materials for the tiles and sidewalk and that the tiles are mounted at a slight incline. Although Burns does not have to prove his case at the summary judgment stage, he must present evidentiary facts to support the
elements of his cause of action. Richardson v. Bond Drug Co

. of Illinois , 387 Ill. App. 3d 881, 885 (2009). ¶ 19 In a negligence claim, plaintiff alleges the defendant owed a duty of care to the plaintiff, the defendant breached that duty, and that breach was a proximate cause of plaintiff ’ s injuries. Krywin v. Chicago Transit Authority , 238 Ill. 2d 215, 225 (2010); Negron v. City of Chicago , 2016 IL App (1st) 143432, ¶ 14. Whether a duty of care exists presents a question of law for the
court to decide. Rhodes v. Illinois Central Gulf R.R. , 172 Ill. 2d 213, 227 (1996).

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¶ 20 Under I llinois law , a municipality has a duty to “ exercise ordinary care to maintain its property in a reasonably safe condition ” (745 ILCS 10/3 -102(a) (West 2012) ), and this duty extends to keeping sidewalks safe for the purposes for which they are intended and for use of persons exercising reasonable care. Thorsen v. City of Chicago , 74 Ill. App. 3d 98, 107 (1979). In assessing injury claims derived from an elevation difference of adjoining municip al sidewalk slabs, Illinois courts apply the de minim is rule. Bledsoe v. Dredge , 288 Ill. App. 3d 1021, 1023 (1997). This well

- established rule provides that, as a matter of law, defects found in frequently
traversed areas are not actionable. Gleason v. Ci ty of Chicago , 190 Ill. App. 3d 1068, 1070 (1989) (citing Arvidson v. City of Elmhurst , 11 Ill. 2d 601, 604 (1957)). ¶ 21 A sidewalk defect will be considered de minimis if a reasonably prudent person would not foresee some danger to persons walking on it. Arvidson , 11 Ill. 2d at 605

. Because there is a difference of opinion as to what a minor defect entails and no bright

- line test or mathematical
formula to discern defect s, each case turns on its own facts. Siegel v. Village of Wilmette , 324 Ill. App. 3d 903, 907 (2001). Usually , a defect approaching a height difference of two inches is
actionable

. Birck v. City of Quincy , 241 Ill. App. 3d 119, 122 (1993)

. Plaintiff has the burden to prove that the defect was not de minimis and may do so by presenting eviden ce of the size of the
defect and of aggravating circumstances. Gillock v. City of Springfield , 268 Ill. App. 3d 455, 458 (1994). ¶ 22 The gravamen of Burns ’ argument centers on aggravating factors making the alleged
defect in the sidewalk actionab le at law. Burns points to West v. City of Hoopeston , 146 Ill. App. 3d 538, 542 (1986) as instructive. In W est , plaintiff tripped and fell on a sidewalk with a height discrepancy between the slabs of one

- fourth to nine

- sixteenths of an inch and also a broken area

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be tween the slabs that measured two

- inches wide. Id

. at 54 1. Inside the gap were loose particles, some of which could be loosened by hand. Id

. “[T] he width and depth of the allegedly defective area should be considered in determining whether that area is of a minor, nonactionable nature

. ”
Id

. at 542. The court considered the two

- inch broken area between the slabs wide enough to
overcome the otherwise de minimis defect so that a reasonable person could anticipate danger walking on the sidewalk. Id

. at 543. ¶ 23 Citing W est , Burns argues that the tile s w ere raised between 3⁄4 to 11⁄2 inches above the sidewalk, constituting aggravating circumstances that establish the condition was not de minimis

. Burns notes the t iles and the sidewalk were composed of different materi al s and the t iles were mounted at a slight incline. ¶ 24 Unlike the court in W est , however, we cannot conclude that aggravating factors exist , despite the difference in composition and the slight incline . Neither condition would cause a reasonably prudent person to foresee s ome danger to persons walking on it. Arvidson , 11 Ill. 2d at 605. Sidewalks traditionally have a slight incline to allow for handicapped persons to enter the sidewalk quickly and safely. And it would be unreasonable to consider ADA compl iant tiles, which are mandated by federal law, as an aggravating factor simply because they are composed
of different materials than a concrete sidewalk. Under the ADA, the detectible tiles are required to contrast with the surrounding sidewalk to serve as a warning for visually impair ed persons. The evidence Burns has presented to prove aggravating circumstances differs from the gap in the
sidewalk in W est , 146 Ill. App. 3d 538 , and do es not satisfy his burden to show that the defect

was not de minimis

. Gi llock , 268 Ill. App. 3d at 458.

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¶ 25 Burns’ reliance on Rios v. City of Chicago , 331 Ill. App. 3d 763 (2002), as controlling
law does not necessitate a contrary conclusion. Although Rios involved a slip and fall, the appellate court remanded the case for evidentiary matters , not due to issues involving aggravating circumstances. Id

. at 775 (“ In sum, none of defendant ’ s assertions cure the prejudicial evidentiary problems that arose during the trial of this matter and plaintiff is entitled
to a new trial on that basis.” ). ¶ 26 Thus, because the height of the raised tile s was in substantial ( see Birck , 241 Ill. App. 3d
at 122 ), and no aggravating factors exist for this court to consider, the trial court properly held
that the defect in the sidewalk was de minimis

. ¶ 27 Failure to Warn ¶ 28 Burns asserts the trial court erred when it granted the City ’ s 2 -619(a)(9) motion s to
dismiss Burns ’ failure to warn paragraph in the original and second amended complaints

. The City relied on provisions in the Tort Immunity A ct (74 5 ILCS 10/3

- 104 (West 2012 )) as affirmative matter in both motions to dismiss

. Burns argues the Act does not preclude the City from liability because t iles are a traffic

- warning device that the City has a duty to maintain, and the City breached its duty when it failed to do so. T he Act provides immunities a nd defenses for public entities and public employees arising from a government action . 745 ILCS 10/1-101.1 (a) (West 2012 ); Vesey v. Chicago Housing Authority , 145 Ill. 2d 404, 412 (1991). ¶ 29 In invoking the Act as an affirmative defense, the City admit s the legal sufficiency of
Burns’ complaint alleging the City failed to warn Burns of a dangerous and defective sidewalk
condition. 735 ILCS 5/2

- 619(a)(9) (West 2012). But under section 3

- 104 of the Act , neither municipalities nor public employees are liable for injuries caused by their i nitial failure to

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provide “ distinctive roadway markings or any other traffic regulating or warning sign, device or marking, signs. ” 735 ILCS 10/3-104 (West 2012). ¶ 30 Burns argues that the City installed and then failed to maintai n the tiles, creating a great er hazard than what the tiles were designed to protect against

. Burns relies on Parsons v. Carbondale Township , 217 Ill. App. 3d 637 (1991), for the proposition that once a municipality has installed any traffic warning or control device, it must maintain it. In Parsons , the court held that the Tort Immunity Act did not preclude a munici pality from liability for failing to use
reasonable care. Id

. We do not find Parsons persuasive. At common law, a municipality has a duty to maintain its property in a safe condition. Havens v. Harris Township , 175 Ill. App. 3d 768, 770 (1988)

. But that duty does not extend to creating or erecting public improvements. West
v. Kirkham , 147 Ill. 2d 1, 14 (1992). ¶ 31 The City installed the tiles in January 2010 and the record show s that the tiles were kept intact at least until June 2011. Sometime between June 2011 and August 15, 2012, the tiles were raised between 3⁄4 to 11⁄2 inches above the sidewalk. This height differential, as discussed, is
de minimi s , and does not create a greater hazard than what the tiles were designed to protect against. We hold that the circuit court properly granted the City’ s motions to dismiss. ¶ 32 Notice ¶ 33 Burns also contends that the trial court erred in granting the City summary judgment because the City had constructive notice of the raised t ile s. The City responds , and the record
establishes , that it lacked notice of this condition , thereby precluding l iability , citing s ection 3

­ 102(a) of the Tort Immunity Act . 745 ILCS 10/3-102(a) (West 2012).

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¶ 34 T he Act precludes local p ublic entities or public employees from liability unless it is proven that they (i) had actual or constructive notice of the existence of a condition ; (ii) the
condition is not reasonably safe ; and (iii) notice occurred in a reasonably sufficient time before an injury to allow measure s to remedy , or protect against , the condition. 745 ILCS 10/3 -102 (a) (West 2012 ); Ramirez v. City of Chicago , 318 Ill. App. 3d 18, 22 (2000)

. The party charging
notice also has the burden of proving notice. Zameer v. City of Chicago , 2013 IL App (1st) 120198, ¶ 14; Reed v. Eastin , 379 Ill. 586, 592 (1942). Although the issue of notice typically
involves fact ual determinations, it becomes a question of law and may be decided by the trial court if all of the evidence, when viewed in the light most favorable to the party charging notice,

“ so overwhelmingly favors the defendant public entity that no contrary verdict could stand. ” Perfetti v. Marion C oun ty, Illinois , 2015 IL App (5th) 110489, ¶ 19. ¶ 35 Burns concedes the City did not have actual notice

. But what about constructive notice?
Under s ection 3- 102(a) of the Act, constructive notice exists when the condition is so evident , plainly visible , or has existed for such duration of time that t he public entity should have known of its existence by exercising reasonable care and diligence. Ramirez , 318 Ill. App. 3d at 22. Thus, to survive summary judgment, Burns needs to adduce sufficient evidence to support a finding that the City had constructi ve notice of the raised tile s on which he tripped and sufficient time to take measures to repair the tiles

. ¶ 36 Burns cites Baker v. City of Granite City , 75 Ill. App. 3d 157, 161 (1979) to maintain that a jury could reasonably infer the tiles were raised for a sufficient length of time so that the City
had constructive notice of the defective condition. In Baker , the court concluded that several visible cracks in the sidewalk located at a busy intersection across the street from city hall,

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including the one where plaintiff fell, constituted sufficient evidence to support a finding that
defendant had constructive notice. Id

. Although defendant claimed it did not have actual notice of the specific crack where plaintiff fell, the city street superintendent admitted he had general knowledge of several cracks in the area. Id

. B ased on the street supe rintendent’ s admission coupled with the evidence suggesting the defect existed for a long time in an open area, t he trial
court concluded defendant had constructive notice of the sidewalk condition

. Id

. at 1 61-62. But , unlike Baker , here nothing in the record indicates the length of time the tile s were raised. ¶ 37 The City installed the tiles at the intersection in January 2010. There is a Google M aps photograph of the intersection taken in July 2011 , which depicts the tiles properly secured and
level with the sidewalk

. Burns testified in his deposition that he crossed the intersection at least
once a week and had never noticed a problem with the tiles. ¶ 38 Michael Drake, the general superintendent of the City ’ s department of transportation, testified in his deposition that he had experience overseeing ADA sensory tile installation

. After reviewing the 2011 Google M aps photograph and the 2012 photographs of the raised tiles after
Burns’ injuries , Drake testified that the t iles were raised either by a truck running over them or a person attempting to remove the metal screws from the tiles. Thus, as Burns does not know how long the tiles were raised and as Drake testified that a third party may have raised the tiles sometime after July 2011, Burns has not met his burden to present evidence that would raise an issue of material fact as to how long the defect existed. See Zameer , 2013 IL App (1st) 120198, ¶ 14; Reed , 379 Ill. at 592. ¶ 39 We conclude that Burns failed to meet his burden to provide facts showing that the City
had constructive notice of the raised tiles. Because there is no genuine issue of material fact as to

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whether the City had constructive notice, the City is precluded from liability as provided in

s ection 3 -102(a) of the Tort Immunity Act. ¶ 40 We find that the circuit court properly granted the City’ s motion for summary judgment. ¶ 41 Open and Obvious ¶ 42 Finally, Burns contends that a reasonable inference can be made under the open and obvious doctrine that jurors could disagree as to whether the raised tiles were open and obvious. ¶ 43 In a negligence claim, plaintiff must allege and prove (i) the defendant owed a duty of

care to the plaintiff; (ii) th e defendant breached that duty; and (iii) the breach was a proximate cause of plaintiff ’ s injuries. Krywin , 238 Ill. 2d at 225; Negron , 2016 IL App (1 st ) 143432, ¶ 14. Whether a duty of care exists is a question of law to be decided by the court. Rhodes , 172 Ill. 2d
at 227 . F our factors determine whe ther a duty exists: (i) the fore seeability that defend ant ’ s conduct will cause injury; (ii) the likelihood of injury ; (iii) the magnitude of guarding against the injury; and (iv) the conseq uences of placing th at burden on the defendant. Bruns v. City of
Centralia , 2014 IL 116998, ¶ 14; Sandoval v. City of Chicago , 357 Ill. App. 3d 1023, 1027 (2005). The weight we accord to each factor depends on the circumstances of the case. Simpkins v. CSX Transportation, Inc. , 2012 IL 110662, ¶ 18

. ¶ 44 Burns submits that whether the raised tile s w ere open and obvious presents a question of fact for the jury. The “ open and obvious ” rule, a common
- la w construct, precludes liability from injuries sustained on property if the allegedly dangerous condition is easily observable

. Rexroad v. City of Springfield , 207 Ill. 2d 33, 44 (2003 ); s ee Restatement (Second) of Torts § 343A (1) , at 218 (1965) ( “ possessor of land is not liable to his invite es for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them ”). Illinois courts

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have defined “obvious” as “ ‘ both the condition and the risk are apparent to and would be recognized by a reasonable [person], in the position of the visitor, exercising ordinary perception, intelligence, and judgment. ’ ” Bruns , 2014 IL 116998, ¶ 16 ( quoting Restatement (Second) of
Torts § 343A c m t. b, at 219 (1965)). But Illinois law permits a limited exception for dang ers that are open and obvious, making landowners liable for harms they can anticipate despite the condition being obvious. Diebert v. Bauer Brothers Construction Co. , 141 Ill. 2d 430, 434 -35 (1990) (discussing adoption of Restatement (Second) of Torts § 343A (1965) in Illinois). ¶ 45 In cases involving common and obvious conditions, including fire, height, and bodies of water, Illinois jurisprudence assumes individuals will take care to avoid any inherent danger.
Bruns , 2014 IL 116998, ¶ 16. And the open and obvious rule extends to other less -common conditions, including sidewalk defects. Id

. ¶ 17; s ee Sandoval , 357 Ill. App. 3d at 1029 (defective sidewalk in front of plaintiff ’ s home). The risk of harm derived from an open and obvious condition is considered slight because the nature of the condition gives caution; people are expected to avoid open and obvious risks. Bucheleres v. Chicago Park Dist rict , 171 Ill. 2d 435, 448 (1996). ¶ 46 A condition that is open and obvious does not automatically exclude a finding of a legal duty on the part of a defendant. Jackson v. TLC Associates, Inc. , 185 Ill. 2d 418, 425 (1998) ( “ In assessing whether a duty is owed, the court must still apply traditional d uty analysis to the particular facts of the case. ” ). An open and obvious condition affects the foreseeability of injury and the likelihood of injury, the first two factors of the duty analysis. Bucheleres , 171 Ill. 2d at
456. Where the condition is open and obvious, there exists a slight foreseeability of harm and , therefore, the likelihood of injury weighs against imposing a duty. Id

. at 456 -57.

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¶ 47 Burns and the City do not dispute that on August 15, 2012, it was raining, there was

“ medium light ” outside , and that Burns was not distracted when he crossed the intersection.
Burns crossed the intersection at least once a week and never not iced the defect until he fell. ¶ 48 Burns relies on Trojan v. City of Blue Island , 10 Ill. App. 2d 47 (1956)

. But there, the
trial court never assessed the sidewalk defect under the open and obvious standard. Rather, the
court determined whether defendant had constructive notice of a sidewalk defect. Id

. at 4 8. W e have already determined the City d id not have constructive notice so Burns’ reliance on Trojan is misplaced

. ¶ 49 Burns also relies on Alqadhi v. Standard Parking, Inc. , 405 Ill. App. 3d 14 ( 2010), for the proposition that a reasonable jury could find that an issue of fact exists as to whethe r the raised
tile s were open and obvious

. In Alqadhi , plaintiff slipped and fell over a three

- fourths of an inch rise in concrete of a handicap -accessible ramp in a privately owned parking garage. Id. at 15. The
court found as a matter of law that the rais ed concrete was open and obvious and awarded summary judgment to defendant

. Id

. at 18. This court reversed and remanded , holding that the conflicting testimony between plaintiff ’ s expert and defendant regarding visibility and other
factors created a dispute about the physical nature of the condition and, therefore , a genuine issue
of fact existed. Id

. at 18 -19. ¶ 50 We find Burns ’ injury distinguishable from that of the plaintiff in Alqadhi

. First, plaintiff
in Alqadhi fell in a private garage; Burns fell on a public sidewalk. See 345 ILCS 10/3 -102(a) (West 2012). And unlike in Alqadhi , there is no conflicting evidence regarding the incident. ¶ 51 Also , the handicap ramp in Alqadhi , did not contrast well with the res t of the pavement in the garage and cre ated an “ ‘ illusion ’ of walking on a flat surface. ” Alquadhi , 405 Ill. App. 3d at

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18. The tiles over which Bu rns tripped had been specifically designed to provide a sensory cue to visually impaired individuals of where a sidewalk ends and a roadway begins. A reasonable person, in the same position as Burns, exercising ordinary perception, intelligence, and jud gment, would recognize the t ile s and ramp incline as he or she approached it. Bruns , 2014 IL 116998, ¶ 16. The tiles, by design, are open and obvious to reasonable people as well as visually impaired people because of their different color and consistency to the surrounding sidewalk. ¶ 52 We find the ADA sensory tiles were open and obvious and, therefore, the trial court properly entered summary judgment in favor of the City. ¶ 53 Affirmed

.

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