Stacy Fulco Obtained Summary Judgment Based On Unproven Defect & Notice

Stacy D. Fulco

Stacy Fulco represented a grocery store in Kankakee County, Illinois and the plaintiff claimed she slipped and fell in front of a meat cooler. The plaintiff never saw water but claimed she slipped and fell in water.  The manager who investigated the incident also never saw water and he testified the coolers were not leaking.  The entire incident was caught on surveillance footage and it showed the plaintiff walk back and forth over the area of her fall multiple times before going to the floor.  She testified she never saw or felt water as she repeatedly walked over the area.  The court granted summary judgment because the plaintiff could not prove there was a defective condition and the store had no notice of any condition.  The plaintiff did not appeal.  As a side note, a counter-claim for fraud was filed against the plaintiff based on the surveillance footage.