Stacy Fulco Obtained Summary Judgment Based On Natural Accumulation

Stacy D. Fulco

Stacy Fulco obtained summary judgment for their client in DuPage County based on the natural accumulation doctrine. The plaintiff slipped and fell inside a store at the entrance due to rain water that was tracked inside by other customers.  The plaintiff argued the store’s “rainy day policy”  was potentially not followed because the plaintiff could not recall if there were any floor mats or wet floor signs so there was a question of fact.  In response, we argued that rainy day policies do not negate the natural accumulation doctrine and the plaintiff’s failure to report the incident prevented her from asserting there was a question as to whether there were mats or cones by the entrance.  The court agreed with our arguments and the motion was granted.