Nicole Milos Wins Summary Judgment Motion in a Slip and Fall on Ice Case

 
In September 2012, Nicole Milos won a summary judgment motion in a slip and fall on ice case in Kane County, Illinois. The plaintiff alleged that the ice on which he slipped in the defendant’s parking lot was an unnatural accumulation, caused from ice melting down a slope from a pile of snow pushed up against the building. Every witness who testified (including the plaintiff) either testified that there was no pile at all or that they did not remember any pile. The only testimony regarding any slope in the lot was that in the area of the accident, the ground was flat. There was also testimony of various witnesses that there was ice in the lot in the area of the accident, but that the ice was caused by pedestrian and vehicular traffic compacting snow from prior snowfalls. In response to the motion for summary judgment, the plaintiff’s wife, a post occurrence witness, provided two affidavits claiming there was a pile of snow against the building with an ice trail leading from it in “the area” of her husband’s fall. However, the court struck both affidavits, finding them to be based on inadmissible hearsay with regard to where her husband actually fell. The court granted the motion for summary judgment, holding that there was no evidence that the ice on which the plaintiff fell was an unnatural accumulation. There was no evidence that there was any slope in the area of the accident, let alone an “unreasonably dangerous” slope.