Kate Crouch Wins Summary Judgment in Strip Mall Slip and Fall

Kate Crouch recently obtained summary judgment in Cook County on behalf of a property owner and property manager in a case stemming from an alleged slip and fall in a strip mall parking lot.  Plaintiff alleged that the parking lot was negligently maintained and exhibited cracking and other defects.  Plaintiff testified that she slipped and fell on ice in the parking lot during an active snowfall and as a result sustained significant orthopedic injuries requiring surgery.  Plaintiff also claimed a six-figure wage loss from the alleged fall.  In her motion, Kate argued that the Plaintiff failed to demonstrate that the mere presence of surface cracking created an unnatural accumulation.  The Court agreed and specifically adopted the defense’s reasoning that while surface cracks were undoubtedly present, Plaintiff set forth no evidence that those cracks allowed water to pool or ice to form unnaturally in the area of her fall.  Plaintiff’s own deposition testimony was used extensively against her within the motion.

Between the ongoing weather conditions (which would naturally create a slip hazard) and Plaintiff’s inability to causally link her injury to the cracks, the Court granted summary judgment in favor of both of our clients, which disposed of the case in its entirety.  Prior to the ruling, the Plaintiff had indicated that she would not negotiate off of her policy-limits demand.