Kate Crouch Obtains Summary Judgment in a Natural Accumulation Case in Cook County
Kate Crouch obtained summary judgment on behalf of a landscaping company relative to a slip and fall on ice in Cook County. Plaintiff allegedly fell and sustained significant orthopedic injuries while walking through a Metra train station parking lot that our client was contractually obligated to clear of snow and salt for ice. The Court agreed that despite those responsibilities, Plaintiff was unable to prove that our client failed to perform the contracted-for services or did so in a negligent fashion. This is an important win in the post-Mickens era. While it is no longer a valid legal argument that snow removal contractors owe no duty to the public, our successful argument that Plaintiff could not broaden the contract or demonstrate a breach of any duty carried the day. Summary judgment remains hard to come by in Cook County, but this victory cuts nicely against the attitude that it is impossible to obtain post-Mickens.