Summary Judgment Granted Based On De Minimus Rule

Stacy D. Fulco

Stacy Fulco represented a retail store in Cook County and obtained summary judgment for her client. The plaintiff claimed she tripped and fell on a crack in the store’s parking lot as she walked back to her car.  Photographs showed the crack was flat and flush but testimony from the plaintiff and her daughter, who witnessed the fall, indicated the crack may have had a height differentiation of up to an inch.  The plaintiff argued there were aggravating factors because the parking lot was a busy commercial area.  The court agreed that no aggravating factors existed and the crack clearly fell within the de minimus rule.  Summary judgment was granted for the defendant and no appeal was filed.