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Schneiderman Pours Cold Water on Plaintiff's Theory in Premises Liability Case

February 16, 2018

Johnson & Bell Shareholder, Brad R. Schneiderman, obtained summary judgment on behalf of a Chicagoland hospital in a premises liability lawsuit.  The plaintiff's theory of this case alleged her slip and fall caused a cerebrospinal fluid leak that necessitated neurosurgical intervention.  Plaintiff alleged she slipped and fell after stepping off a wet floor mat inside the facility.  The incident report from the fall suggested it had been raining that day as did a certified weather report obtained by the defendant.  Still, plaintiff denied it was raining, likely in an effort to argue the water was not from a natural accumulation.  The defense argued that the plaintiff failed to establish that the floor mat was wet from anything other than rain.  The court agreed with defense’s argument and granted summary judgment, ruling the hospital had no duty to protect against the natural accumulation of water.

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