Howard Trafman and Jadyn Atteberry Argue De Minimis, Earn Summary Judgment

Howard Trafman and Jadyn Atteberry recently obtained summary judgment in favor of a commercial property owner in a lawsuit arising out of a trip and fall in Winnebago County.  Plaintiff claimed she was walking on the sidewalk outside of the property owned and maintained by our client.   She allegedly fell due to uneven concrete slabs.

Prior to the lawsuit being filed, the height differential between the two sidewalk slabs at issue was measured at 1.25 inches.   In their motion for summary judgment, Howard and Jadyn argued that landowners owe no duty to repair “de minimis” defects in the sidewalk.   Pursuant to Illinois law, a vertical displacement of less than two inches is de minimis, absent an aggravating factor (i.e.  heavy foot traffic or distraction).  Here, the defense was able to argue the differential was clearly de minimis and Plaintiff could not articulate any aggravating factor in her deposition.   The judge agreed, dismissing the lawsuit.

This dispositive motion victory allows our client to avert a sizeable possible exposure, given Plaintiff’s serious injuries (including a fractured right ankle necessitating surgery and a hematoma to her head, generating over $160,000 in medical bills alone).  She also claimed panic attacks and anxiety relating to her care.  While summary judgment remains a drastic and rare remedy in Illinois, the Court wisely ignored Plaintiff’s arguments about what a jury could infer and applied the law instead.