2017-L-002318 (Illinois, Cook County)
An employee of a national grocery chain store location in Chicago was putting carts away when he fell in the parking lot, claiming to have fallen on an unnatural accumulation of ice and snow. The grocery chain, after settling the matter with the employee, filed a subrogation case on the employee’s behalf against the property owner and the snow removal contractor, alleging that they allowed a negligent accumulation of ice and snow that caused the employee’s injury.
Attorney Erin Cannon of Costello Legal took up defense of the property owner, and ultimately filed a motion for summary judgment claiming the landowner was not negligent in any way, as there was no evidence of an unnatural accumulation of ice and snow, that the landowner had no notice of any defect on the premises, and to the extent there was any defect it would have been open and obvious. Erin focused on inconsistencies in the plaintiff’ deposition testimony that made it clear the plaintiff could not meet their burden to show that an unnatural accumulation of ice and snow existed and the judge agreed, granting the motion and dismissing the property owner.
