Steve Becker Prevails on Motion for Summary Judgment in Cook County
Steve Becker recently prevailed on a motion for summary in Cook County, Illinois. The case involved a Plaintiff who was an employee of our client’s sub-lessee, wherein he alleged injuries suffered when he tried to open a large industrial gate that secured the leased premises. He claimed that the gate had been improperly maintained for years, and that our client had knowledge that it was unsafe. Plaintiff, who was twenty-four years old at the time, claimed back injuries necessitating two surgeries, with $178,800 in medical bills and $22,700 in lost wages, along with a claim for an unspecified amount of future lost wages, as a landscape designer.
Steve filed a motion for summary judgment, arguing: 1) our client did not owe a duty to the Plaintiff, because our client relinquished possession and control when he leased out the premises; 2) our client did not have notice of the gate’s allegedly dangerous condition; and, 3) the gate’s condition was “open and obvious.” The motion was fully briefed, and Judge O’Brien granted the motion based on the first two arguments raised by Steve.