Illinois Partner Obtains Summary Judgment in Premises Liability Case
Chicago Partner Cecil E. Porter recently obtained summary judgment, granted by the Circuit Court of Cook County, Third Municipal District, in a premises liability lawsuit that resulted in the dismissal of our small business client that owned a laundromat in a shopping center strip mall from.
Plaintiff, a long-time customer at our client’s laundromat, tripped and fell on the sidewalk located in front of our client’s store that was uneven, cracked, and broken up. Plaintiff alleged to have sustained injuries to her neck, back and knees, and also alleged various mental health complaints from her pain complaints. Subsequently, Plaintiff filed suit against our client for her alleged injuries.
Following this incident and after not receiving a response from the landlord about fixing the sidewalk, our client placed an orange traffic cone over the spot where Plaintiff fell. Later, our client attempted to fix the sidewalk with concrete even though their lease states the landlord has exclusive control over the common areas at the shopping center strip mall, including the sidewalks, and that the landlord is responsible for maintenance. During testimony, the landlord claimed that tenants were expected to maintain the sidewalks outside their businesses despite the terms of the lease. Plaintiff argued that the landlord’s testimony created an issue of fact that was sufficient to defeat summary judgment, and also claimed that our client’s post-incident actions showed control over the sidewalk, making our client liable.
In March 2025, the Court agreed with our Partner’s argument that the lease’s clear and unambiguous terms established that our client had no duty to repair the sidewalk, and dismissed our client from this case.
Cecil has more than 20 years of litigation experience and represents clients in actions involving premises liability, personal injury and construction site accidents. He also handles motor vehicle and trucking, employers’ liability and general liability cases.