crmer spina shaugnessy, jansen siegert, llc

Summary Judgment Upheld Based On Natural Accumulation Of Water & Barring Of Plaintiff’s Expert As To Unreasonably Dangerous Condition

Attorney
Stacy D. Fulco

Practice Area
Appellate Practice

 
In one premises liability case, Stacy Fulco won summary judgment on two distinct issues in the circuit court and had the plaintiff’s liability expert barred and then those decisions were all upheld on appeal by the First District Appellate Court of Illinois in Sabah Kawash v. Dominick’s Finer Foods, et al. (Court No. 1-07-1664). In this case, the plaintiff slipped and fell due to water on the floor of a Dominick’s grocery store. The first of the summary judgment rulings that was upheld was based on the natural accumulation doctrine. Once that motion was granted, the plaintiff alleged a new claim that the tile floor was unreasonably dangerous and unreasonably slippery when wet. Stacy filed a motion to bar the plaintiff’s expert who supported that theory and the motion was granted. She then moved for summary judgment since the plaintiff could no longer support the theory and summary judgment was granted, which disposed of the entire case. The third party defendants, Armstrong World Industries and C.E. Korsgard Company joined in our appellate brief and were summary judgment as to them was also upheld. (Click here for a PDF version of the Appellate Court’s opinion.)

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