Johnson & Bell Shareholder, Brad R. Schneiderman, and Attorney, Daniel M. Yukich, were recently granted summary judgment in a Cook County premises liability dispute. The case involved a painter who fell from a ladder due to an allegedly slippery floor, causing significant injuries to his back, ribs, and wrist. The fall took place at a local university.
At the close of 213(f)(1) discovery, Schneiderman and Yukich argued plaintiff had failed to establish the proximate cause of his fall, or that the defendant had notice of the purportedly dangerous condition. Plaintiff had speculated the floor was slippery due to polish or excessive cleaning, but the Court agreed Plaintiff had no foundation for that conjecture. In actuality, there was no evidence the floor had recently been polished or cleaned such that the Court agreed Plaintiff failed to create a question of fact as to proximate cause. In addition, Schneiderman and Yukich successfully argued the plaintiff failed to establish that the defendant had notice of any purportedly dangerous condition, serving as additional grounds for summary judgment.
The Court’s ruling helped save additional costs that would have been incurred with treating physician depositions, and potentially expert discovery and trial.