2018-L-000165 (Kane County, Illinois)
Plaintiff was volunteering to help a workout facility relocate their business when he fell off a 20+ foot ladder, injuring himself. He sued the workout facility, alleging negligence and claimed an owed duty under various legal principles. Among other claims, plaintiff claimed that the workout facility was negligent in failing to coordinate the relocation work in an appropriate manner and provided him with a defective ladder.
Partners Jessica Biagi and Shipra Mehta took up defense of the facility, and aimed to focus on duty and contesting liability. Shipra took multiple depositions and filed a motion for summary judgment showing that the workout facility could not have owed Plaintiff a duty for his injuries under either common law or the Restatement, which has been adopted by Illinois. Additionally, her motion argued that falling from a ladder at a height was an open and obvious hazard. The Court agreed, dismissing Plaintiff's claims in its entirety.
