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Joliet, IL 60432

Tel: 312.277.3000
Fax: 312.277.3008
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Case Name: Carol Brost v. IRC Commercial Property Management, Inc. et al

Venue: Cook County – Markham (6th Dist.)

Judge: Judge Carol Hamilton

Handling Attorney: John O’Connor/Arisa Taguchi

Case No.: 17 M6 005136

Date of Acciedent: 06/17/2015

Hearing Date: 02/08/2019

Judge’s Findings: Summary judgement granted in favor of Defendants

 

 

Dear Clients:

We are pleased to announce the above hearing result and our successful defense against a claim for damages sustained in a slip and fall.    

                       

Facts:

 

Plaintiff alleged that she had slipped and fell on “dirty moisture” in the lobby of Defendant’s property. Plaintiff admitted in her deposition that it was raining on the day of the incident and that the water was tracked in from the outside. There were no mats or cones in the lobby. As a result of her slip and fall, Plaintiff suffered a detached right hamstring, requiring surgical repair. Plaintiff claimed medical bills in excess of $80,000 and permeant restrictions.

 

Legal Analysis/Defenses:

 

We brought a Motion for Summary Judgment following the deposition of Plaintiff in this matter. The Motion for Summary Judgment was based on the issue of duty. Plaintiff slipped on a natural accumulation of water which was tracked in from outside. Illinois caselaw is clear that a landowner owes no duty where a natural accumulation of snow, ice or water exists on the outside or is tracked into a building by pedestrian traffic. We argued that IRC did not owe Plaintiff a duty to remove the tracks of a person who walked through a natural accumulation of water and did not owe Plaintiff a duty to place safety mats down in the lobby.

At the hearing, Judge Hamilton agreed with our position and granted summary judgment in favor of the Defendants.

If you should have any additional questions or comments concerning this decision, please feel free to contact our office.