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Summary Judgment Upheld In Case Involving A Violent Attack By A Third Party In A Parking Lot

Attorney
Stacy D. Fulco

Practice Area
Appellate Practice

 
Stacy Fulco was lead counsel in a case involving the criminal attack by a third party in the parking lot of a store where summary judgment was granted and the First District Appellate Court of Illinois upheld the ruling in Vera Vuksanovic v. Dominick’s Finer Foods (Case No. 1-07-2294). An elderly woman was walking through the store parking lot when she was attacked and beaten by an unknown assailant. A motion for summary judgment was filed by Dominick’s arguing that there was no reasonable foreseeability of the attack as no such incidents had ever taken place in the area and there was no basis to hold the store had a duty to provide security in the parking lot. The motion for summary judgment was granted and the plaintiff appealed. The Appellate Court upheld the granting of summary judgment because the attack was not reasonably foreseeable. (Click here for a PDF version of the Appellate Court’s opinion.)

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