Matt Bing Obtains Summary Judgment in a Cook County Case Involving a Boat Accident and Consequential Injuries

Plaintiff, Wilt was a passenger on a boat being operated by Defendant, Jasinski, which struck an outcropping of submerged rocks.  As a result of the accident, Wilt claimed a torn rotator cuff with surgical repair and made a settlement demand of $500,000.00.

After the completion of party depositions, Matt Bing filed a Motion for Summary Judgment arguing that no duty existed with respect to the submerged rocks since no testimony or evidence existed that any portion of the outcropping was visible in the area of Wilt’s accident.  The motion further argued that even if a duty did exist, there was no evidence or testimony to support the claim that Jasinski breached the duty owed to Wilt (e.g., no actual or constructive knowledge of the location of the submerged outcropping).  Lastly, based on the witnesses’ testimony, Matt argued that none of Jasinski’s actions in operating the boat fell below the standard for reasonable care.  The presiding judge agreed with the motion and dismissed the entirety of Wilt’s case with prejudice.