2014-L-335 (Illinois, DuPage County)
Plaintiff, an 11 year old girl, was playing on gym equipment on top of a set of bleachers in a gym when she fell and injured herself. At the time two local schools in DuPage County organized a tournament shootout with their women’s basketball teams and the gym equipment was moved onto the bleachers to make space but was not intended to be played on. Plaintiff’s parents brought suit on their daughters’ behalf, suing the schools and the company that operated and put on the tournament.
Attorneys Jessica Biagi and Jessica Velez defended the organizing company and eventually filed a Motion for Summary Judgment on the grounds of lack of notice that any hazard existed, lack of control over the bleachers in question, and that any hazard would be open and obvious. Jessica Velez argued the motion in oral argument and the motion was granted on all three grounds and the judge made an extensive record detailing his reasoning, effectively preventing an appeal.
