Seventh Circuit Court of Appeals Affirms Summary Judgment Nicole Milos obtained for Retail Client in the Northern District of Illinois.

Nicole D. Milos

The plaintiff filed suit against a retail client after a fall in the parking lot. The plaintiff sustained significant injuries and, unfortunately, endured multiple complications resulting in medical expenses that exceeded $400,000.  The plaintiff filed suit in Cook County.  In light of the diversity of the parties, the matter was removed to federal court.  After completing fact discovery, Nicole Milos sought summary judgment based on the fact that the plaintiff’s theory of the case was based on speculation.  The Northern District Court agreed and granted summary judgment.  The plaintiff appealed.  The Seventh Circuit entertained oral argument and ultimately affirmed the summary judgment granted by the Northern District Court.   The Seventh Circuit held that the plaintiff’s case was based on speculation and the plaintiff failed to set forth sufficient evidence that the retail defendant breached a duty owed.  The Court went on to conclude that there was no triable issue of fact as to whether the retail defendant had actual or constructive notice of the alleged dangerous condition.