Brittney wins motion to dimsiss on 103B issue concerning lack of diligence of service during the Coronavirus Pandemic

2020-L-001551 (Cook County, Illinois)

Brittney Frederick won a motion to dismiss on a case involving a work injury in the Circuit Court of Cook County. Plaintiff claimed that he and a coworker were packing a truck when the coworker threw a box weighing approximately 100 pounds to him from the loading dock. When Plaintiff caught the box, he suffered a bicep tear requiring surgical treatment. Plaintiff sued his employer as a result. 

Brittney took on the defense of the employer and filed a 103B motion to dismiss alleging that the case was already past the statute of limitations, as twenty-six months had elapsed from the time the lawsuit was filed to the time of service upon her client (including a year in which the case was dismissed for want of prosecution). She argued that plaintiff’s failed attempts at service during this time represented a lack reasonable diligence in service on behalf of the plaintiff. In response, Plaintiff argued that the time frame was diligent in light of the Coronavirus pandemic which impacted plaintiff’s law firm’s ability to obtain service in this case. Brittney argued that the pandemic was no excuse as court systems, law firms, and businesses had all learned to adapt to the pandemic – Plaintiff’s law firm should have been no different. The Court agreed with Brittney and dismissed the case.  

Plaintiff filed a motion to reconsider, believing the Court failed to adequately weigh the impact of the Covid pandemic when considering the original motion. The motion also brought forward new evidence that the insurance company was on notice of an impending lawsuit. Brittney argued that the Court did adequately take into account the Covid pandemic and that it was improper to bring up new evidence in a motion to reconsider that was not considered at the time of the original motion. The Court agreed, denying the motion to reconsider and again dismissing the case. 

Jessica and Brittney win MSJ in Premises Liability matter on issue of duty to repair a sidewalk

20-L-454 (Will County, Illinois)

Brittney Frederick and Jessica Biagi won summary judgment on a case involving a trip and fall in a shopping plaza in Will County. Plaintiff was an older woman who claimed she was walking from the parking lot into a liquor store when she tripped over an unmarked height differential on the sidewalk. Plaintiff sustained a shattered/fractured wrist requiring two surgeries, and then filed suit against the shopping plaza and the liquor store. Jessica and Brittney defended the liquor store on behalf of CGW.

Plaintiff initially made a settlement demand to both Defendants totaling $300,000, but Brittney and Jessica didn’t believe their client owed any duty to maintain the sidewalk. They moved for summary judgment on behalf of their client, arguing that the terms of the lease between the liquor store and shopping plaza put the responsibility of sidewalk repairs squarely on the plaza, not on their client. Because of this, the liquor store owed no duty to Plaintiff. They further argued that any responsibility that the liquor store took on voluntarily, like shoveling or sweeping the sidewalk, did not create a duty to repair the sidewalk.  

Plaintiff argued that the liquor store still owed a duty to provide a safe ingress and egress to Plaintiff because she was a business invitee, and this was enough to establish a duty on the part of the liquor store. The Judge agreed with Brittney and Jessica, and believed that any duty to Plaintiff was owed solely by the shopping plaza, and dismissed the liquor store from the suit.

Brittney wins MSJ on Unavoidable Collision Doctrine in multi-car collision on I-355

2020-L-004279 (Cook County, Illinois)

Brittney Frederick won summary judgment on a case involving a multiple vehicle traffic accident on I-355 in the Circuit Court of Cook County. The accident occurred when a sedan weaved in and out of traffic, going up to 80 miles per hour in a construction zone.

The driver attempted to get around the a semi-truck, but mistimed his lane switch, hitting the semi-truck’s wheel and starting a chain reaction. The semi-truck was forced into the next lane, where it collided with a second semi-truck. The impact from that collision forced the second semi-truck into the left lane, where it collided with Plaintiff’s vehicle and pinned him against the concrete median.

The driver who started the chain reaction crash settled for policy limits before suit was filed. Plaintiff then sued the two semi-truck drivers complaining of a variety of injuries, including nerve damage and PTSD from the accident. Brittney Frederick took up the defense of the first semi truck which was initially struck by the at fault driver.

After a long discovery phase, Brittney filed her summary judgment motion, arguing that Plaintiff could not prove proximate cause based on the Unavoidable Collision Doctrine. She argued that even if the client could have done something to prevent the accident, his actions were not a substantial cause of the accident. Only the dismissed defendant could be held legally responsible for Plaintiff’s injuries. The remaining defendants joined onto Brittney’s motion. In response, Plaintiff focused on the fact that the truck drivers did not see the speeding vehicle before it made contact with their trucks was proof of negligence on their part. The Judge disagreed, holding that there was nothing either driver could have done to avoid the subject collision. The judge granted the motion and dismissed Brittney’s client from the case.