crmer spina shaugnessy, jansen siegert, llc

Stacy Fulco secures a summary judgment ruling in DuPage County based on notice and it is Upheld on Appeal

 
Stacy Fulco obtained summary judgment in a case where the plaintiff slipped and fell in water that was on the floor of a retail establishment, resulting in a lumbar compression fracture. Using store surveillance footage, Stacy was able to prove to the court that there was no constructive notice of water on the floor to the store employees and not enough time had passed since the last employee inspected the area to impose notice. Summary judgment was also obtained on the allegation that the store should have had a "slip-free" surface because the plaintiff failed to provide any evidence to support that allegation. The plaintiff appealed the court's ruling and it was upheld by the Second District Court. (Click here for a PDF version of the Appellate Court’s opinion.)

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