Summary Judgment in Cook County – Plaintiff’s Slip and Fall Based on Speculation

Kate Crouch and Brendan Ross obtained summary judgment for our client in a Cook County snow/ice fall case.  Plaintiff, an elderly resident of the premises at issue, claimed that she slipped on ice while descending an exterior staircase as a result of an unnatural accumulation.  At the conclusion of party depositions we moved for summary judgment, arguing that Plaintiff failed to establish any evidence to support a theory of unnatural accumulation.  Plaintiff’s response in opposition suggested several possible sources for the ice in question, but we successfully argued that Plaintiff did not elicit any testimony to support her hypotheses and the Court should ignore “mere possibilities” and look solely to the evidence.

The Court agreed with our arguments and granted the motion for summary judgment.  Faced with the prospect of a trial against a highly sympathetic plaintiff who suffered significant injuries and ongoing pain, our client was immensely relieved with this result.