There, plaintiff fell into a sinkhole on a parkway. Citing Palermo, the first district found plaintiff failed to show actual or constructive notice of an unsafe condition. As plaintiff contends in the instant case, the problem with Palermo and Pinto is that they focus on whether defendants received notice. They do not directly address the issue on appeal, namely the effect on the notice requirement where the municipality affirmatively creates the dangerous condition. 228 Ill. App.
Defendant argues the second district decided Harding incorrectly.
Defendant further contends the underpinnings of Harding do not support its final determination and asks this district to reject its reasoning and holding. At the outset, we note defendant conceded at oral argument that, in some situations, an affirmatively negligent act could constitute notice. Nevertheless, we address Harding. There, the city left a mound of clay and dirt on the parkway adjacent to the sidewalk. A light rain washed the clay and dirt onto the sidewalk, making the sidewalk slippery and causing plaintiff to fall.