Stacy Fulco has Summary Judgment Ruling Upheld on Appeal


Stacy Fulco obtained summary judgment in a trip and fall case on a floor mat in Cook County. The plaintiffs sued the store and the store manager personally and summary judgment was granted on all counts. The plaintiffs claimed that the floor mat was defective and contained a buckle that caused the plaintiff to trip and they also claimed that the floor mat should have been secured to the floor and should not have been used because there was no inclement weather. The case law and evidence supported that there was no duty for the defendants to secure the mat to the floor and there was a reason for the mat to be in use, other than inclement weather. To support their claim that the mat was defective, the plaintiffs had an expert inspect the mat more than two years after the incident and he opined that the mat had a permanent defect/buckle that was present before the incident. The court ruled that the plaintiffs did not show that the plaintiff tripped at the location of the purported defect. The court ruled that there was no evidence to show that the alleged buckle actually caused the plaintiff’s fall so summary judgment was granted. The plaintiffs appealed the court’s ruling and it was upheld by the First District Appellate Court.

(Click here for a PDF version of the Appellate Court's opinion.)