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Illinois Attorneys Obtain Summary Judgment in Personal Injury Action

Chicago Partner Alan M. Bernover and Attorney Brian C. Hoppe obtained summary judgment in the Circuit Court of Cook County in a personal injury action on behalf of defendants, an international elevator, escalator and moving walkway manufacturer and maintenance provider, as well as a local mall and its property manager.

Plaintiff was a patron at a commercial shopping mall and voluntarily descended a non-operational escalator as a stairwell in the mall parking garage. When plaintiff walked down the non-operational escalator, she fell at the bottom landing and sustained a serious injury requiring her to undergo a surgical procedure to correct. Subsequently, plaintiff filed a lawsuit against our clients, in addition to a co-defendant security firm, and sought damages for her claimed permanent injuries and alleged physical limitations.

Plaintiff’s testimony established that she was not distracted, nor was she required to use the escalator as a stairway as there were other means available to access the floors in the parking garage from the mall. In February 2023, the Court found that the non-operational escalator was an open and obvious condition to which all defendants owed no duty to plaintiff, and granted defendants’ motions.

Alan focuses his practice on insurance defense litigation in the areas of catastrophic personal injury and wrongful death, construction negligence, and commercial litigation related to labor and employment disputes. He has extensive experience handling professional malpractice matters including products liability and trucking liability cases, as well as corporate and business litigation.

Brian handles various personal injury claims involving motor vehicle accidents, premises liability, Federal Employers’ Liability Act (FELA) claims and other general torts, with specific focus on insurance coverage, subrogation matters, and labor and employment law matters.