Litchfield Cavo Obtains Summary Judgment for Homeowner’s Association in Premises Liability Case
Chicago associate Beth Alberico successfully argued a motion for summary judgment on behalf of a homeowners’ association in a premises liability case filed in Cook County. The plaintiff sued the property owner after he slipped and fell on ice. The plaintiff alleged that the association’s drainage system was defectively designed and created an unnatural accumulation of ice on which the plaintiff fell and was injured. We argued that there was no evidence of an unnatural accumulation and therefore, no duty to the plaintiff. The court agreed, finding that plaintiff failed to show that there was an unnatural accumulation of snow or ice and without an unnatural accumulation, there is no basis for liability.