“My courtroom is where summary motions come to die!” That is what the judge told us when he granted our motion for summary judgment in Will County, Illinois. The entire courtroom agreed with his statement and the judge was shocked by his own actions, but the natural accumulation doctrine is KING!
In this case, the plaintiff exited his car and as he was walking in the parking lot of a fast food restaurant he slipped and fell on a patch of ice. The plaintiff admitted there was inclement weather that day and provided no other source for the ice. This was clearly a natural accumulation situation.
The lesson here is no matter what judge or court a case is in, if the natural accumulation doctrine is involved, it is worth filing the summary judgment motion.