Nicole Milos and Laura Fahey successfully obtained summary judgment in the United States District Court for the Northern District of Illinois, in favor of a home improvement store, based upon the lack of actual or constructive notice to the client. The plaintiff tripped and fell on 2x4 lumber boards that were in the bottom of a customer’s shopping cart. Ms. Milos and Ms. Fahey successfully argued that the court should reject the plaintiff’s proposed heightened standard of care: continuous monitoring and patrolling of the store’s safety conditions. Further, they successfully argued that the plaintiff failed to establish a pattern or practice of similar incidents. The court allowed costs on behalf of the client.