Johnson & Bell Attorneys, Brad R. Schneiderman and Caroline K. Vickrey, obtained summary judgment in a Cook County Circuit Court case in which the Plaintiff fell off of her rolling walker in our client’s hospital parking lot, fracturing her hip. Plaintiff alleged the hospital failed to repair, remedy or maintain an unreasonably dangerous condition of a large area of uneven pavement in the lot. Schneiderman and Vickrey argued that because the Plaintiff was pushing herself backwards at the time she fell off her rolling walker and thus, she did not see what caused her rolling walker to tip over, she was unable to establish the element of proximate cause. The Court agreed that Plaintiff failed to establish proximate cause. Plaintiff’s testimony that the wheel of her walker “probably got stuck on something” was deemed to be speculative and conjecture as Defendant had argued. In addition, Plaintiff’s pointing to two possible locations of her fall in photographs further evidenced her uncertainty as to the cause. Based on Plaintiff’s inability to establish proximate cause, the Court granted summary judgment.
Schneiderman Pours Cold Water on Plaintiff's Theory in Premises Case
About Johnson & Bell
Clients rely on Johnson & Bell to defend their interests in court. We accomplish their objectives by providing efficient, effective and creative legal counsel. For 45 years, we have represented companies from a range of business sectors, including manufacturing, chemicals, transportation, drug stores, real estate, banking, insurance, trucking, health care, accounting, law, consulting, construction, hospitality and retail, as well as local, city and state governments and municipalities. These clients trust Johnson & Bell to deliver viable solutions to their business challenges. We are proud of the results we have delivered on their behalf.