2016-L-288 (Illinois, Kane County)
Plaintiff entered a local community center and tripped on a mat placed at the entryway, sustaining injuries and suing the community center. Plaintiff brought suit against the community center, the maintenance company for the center, and other ownership entities associated with the center.
Partner James Barrow defended the maintenance company, filed a motion for summary judgment arguing that there was no reason for the maintenance company to be in the case. He argued the plaintiff could not make a prima facie case of negligence, that based on the plaintiff’s deposition testimony he could not point to a reason for his fall and could not establish causation as to his injuries, and that the rug, to the extent it was a defect, was open and obvious. The trial court granted the motion dismissing the maintenance company from the case. When the plaintiff filed a motion for reconsideration, James argued in defense of his motion and the judge upheld his order.
