Stacy Fulco was lead counsel in another premises liability case where summary judgment was upheld on appeal in front of the First District Appellate Court of Illinois, Rosie Stewart v. Dominick’s Finer Foods (Case No. 1-08-0588). In this case an elderly woman slipped and fell on a banana peel that was on the floor of the meat department of the grocery store. The incident was caught on surveillance video. Utilizing the video, a motion for summary judgment was filed arguing that there was no constructive notice of the banana because the surveillance video showed the last inspection of the area by a store employee and it showed when the banana was dropped on the floor by a customer. Summary judgment was granted and the plaintiff appealed. The Appellate Court agreed that there was no constructive notice to the store based on the surveillance footage and summary judgment was upheld. The plaintiff filed a petition to appeal to the Illinois Supreme Court and the petition was denied. (Click here for a PDF version of the Appellate Court’s opinion.)