Lipe and Kelly win Summary Judgment Motion in DuPage County
December 6, 2013Jeff Lipe and Ryan Kelly argued for and obtained summary judgment on behalf of a major retailer in state court in DuPage County, Illinois. This was the second summary judgment motion won by Lipe and Kelly on behalf of this client in a month. In this case, Plaintiff argued that she slipped and fell on an excessively waxed floor. Plaintiff argued that both she and her husband, a post-occurrence witness, were qualified to render opinions regarding the overly waxed nature of the floor based on their twenty year history of owning their own janitorial services company. In opposition, Defendants argued that Plaintiff could not prove that a dangerous condition existed at the time of her fall and that even if a dangerous condition existed, the Defendants did not have actual or constructive notice of the condition. Further, the Defendants argued, based on Kimbrough and its progeny, that Plaintiff's claims were predicated solely on surmise, conjecture and guess. Therefore, she could not prove the proximate cause of her injuries.