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Category: Defense Wins

Defense Wins

Defense Wins! – Binding Arbitration


In the time of Covid, jury trials are few and far between, but some cases are not meant to be settled. In these situations I highly recommend binding arbitration. The plaintiff gets her "day in court", the price is extremely reasonable compared to a trial, it is highly efficient because…
Posted on December 10, 2021December 10, 2021 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins: Product Liability / Food Borne Illness


Summary judgment was granted on behalf of my client in a case involving a claim of salmonella poisoning and the plaintiff did not appeal the ruling. The moral to this case is that timing matters! The plaintiff claimed he worked an overnight shift at a factory (but did not eat)…
Posted on June 30, 2021June 30, 2021 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins: Natural Accumulation (again!)


Oh how do I love the natural accumulation doctrine - let me count the ways! Yep - summary judgment was granted on yet another case based on natural accumulation. This time in Kane County, Illinois. In this case, the plaintiff sued the store who controlled the parking lot, the company…
Posted on January 22, 2021January 22, 2021 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins! – Natural Accumulation Applies INSIDE


What is the greatest defense rule created in Illinois for retailers, restaurants and hospitality companies? You guessed it - the natural accumulation rule! Hands down this is my favorite rule because regardless of what county I'm in (yes, even Cook County), judges fairly and accurately apply this rule which means…
Posted on August 25, 2020August 25, 2020 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins: No Evidence of Defect


Another Defense Wins victory to share. This one is a actually comical. The plaintiff claimed she was hit on the right side of her face and the right shoulder by a case of water bottles that fell from the top of a water bottle display in a store. In fact,…
Posted on February 12, 2020February 12, 2020 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins: Summary Judgment Based On Notice Upheld On Appeal


Another great win for a retailer in Illinois and this one was upheld by the Second District Appellate Court of Illinois.  Here is what took place.  The plaintiff was at laundry mat and he went into a nearby grocery store to use the ATM machine.  After taking a few steps…
Posted on December 20, 2019December 20, 2019 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

DEFENSE WINS! – NATURAL ACCUMULATION INSIDE THE STORE


I recently wrote an article about how the natural accumulation doctrine applies inside the premises, not just outside, and that must have brought me luck because shortly thereafter I succeeded in obtaining summary judgment in DuPage County for my client based on natural accumulation inside the store. The plaintiff slipped…
Posted on February 23, 2019February 23, 2019 by Stacy D. Fulco by Stacy D. Fulco
Defense Wins

Defense Wins! – Summary Judgment For Lack Of Notice


Three of my favorite words to hear are  - summary judgment granted!  I am happy to report those words were heard again in a case out of DuPage County, Illinois. The plaintiff was entering a grocery store and after taking a few steps inside he claims he slipped and fell…
Posted on July 28, 2018 by Stacy D. Fulco by Stacy D. Fulco

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