Summary Judgment Affirmed on Appeal in Slip & Fall Case

Bill Lindsay: We obtained summary judgment in a trip/fall case where the plaintiff was employed by a tenant of an industrial property, and tripped on a defective stairway landing at the edge of a loading dock. Our client was the tenant on an adjoining property. We contended that the defective stairway landing was not part of our client’s premises and not under our client’s control. The plaintiff contended that the stairway landing was part of our client’s loading dock and under our client’s control. The judge found that it was a common area, not under our client’s control. The Appellate Court affirmed the summary judgment in favor of our client. The remaining defendant settled out of the case for approximately $800,000. Fitzgerald v. Excel, Inc., Circuit Court of Cook County, Illinois Appellate Court, First District.