Nicole Milos and Laura Fahey Obtain Summary Judgment Based Upon Lack of Notice

Nicole D. Milos

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.