Premises Liability / Notice Archives - Retail, Restaurant & Hospitality Law

Defense Wins

DEFENSE WINS! – De Minimis Rule

I am happy to report a recent summary judgment win in federal court based on the de minimis rule. In this case, the plaintiff testified she was in the parking lot of a store, and upon exiting her vehicle, she tripped because there was a height deviation between the cement…

Posted on April 5, 2024April 5, 2024 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

DEFENSE WINS! – Binding Arbitration Involving Safe Ingress/Egress

After 3 ½ LONG years of litigation I am very happy to have this matter resolved – especially with a win! This case involved an alleged trip and fall outside the restaurant, in a landscaped area. The plaintiff was an older gentleman who could not have been nicer but did…

Posted on September 18, 2023November 10, 2023 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

Defense Wins! – Natural Accumulation

"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…

Posted on March 22, 2023March 22, 2023 by Stacy D. Fulco by Stacy D. Fulco

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: 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! – 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

Premises Liability / Notice

The De Minimus Rule – What Is The Rule Really?

A judge denied my motion for summary judgment based on the de minimus rule because the plaintiff estimated the deviation between two pieces of cement may have been 2 inches. This was very frustrating because the plaintiff also later took a photograph showing the deviation was one inch. Rather than…

Posted on April 27, 2018 by Stacy D. Fulco by Stacy D. Fulco

Premises Liability / Notice

Defense Wins! – Summary Judgment Granted Based On Lack Of A Dangerous Condition & Notice

There is nothing like ending the year on a good note! I am happy to report summary judgment was recently granted in favor of one of my clients that operates a grocery store in Kankakee, Illinois. The plaintiff claimed she slipped and fell in water next to the meat cooler.…

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Category: Premises Liability / Notice

Defense Wins

DEFENSE WINS! – De Minimis Rule

Posted on April 5, 2024April 5, 2024 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

DEFENSE WINS! – Binding Arbitration Involving Safe Ingress/Egress

Posted on September 18, 2023November 10, 2023 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

Defense Wins! – Natural Accumulation

Posted on March 22, 2023March 22, 2023 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

Defense Wins! – Binding Arbitration

Posted on December 10, 2021December 10, 2021 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

Defense Wins: Summary Judgment Based On Notice Upheld On Appeal

Posted on December 20, 2019December 20, 2019 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

Defense Wins! – Summary Judgment For Lack Of Notice

Posted on July 28, 2018 by Stacy D. Fulco by Stacy D. Fulco

Premises Liability / Notice

The De Minimus Rule – What Is The Rule Really?

Posted on April 27, 2018 by Stacy D. Fulco by Stacy D. Fulco

Premises Liability / Notice

Defense Wins! – Summary Judgment Granted Based On Lack Of A Dangerous Condition & Notice

Posted on December 12, 2017 by Stacy D. Fulco by Stacy D. Fulco