Summary Judgment
Berke v. Manilow, 2016
IL App (1st) 150397 (August 23, 2016) Cook Co., 2d Div. (HYMAN)
IL App (1st) 150397 (August 23, 2016) Cook Co., 2d Div. (HYMAN)
Affirmed.
(Court opinion corrected 11/28/16.) Plaintiff fell in vestibule of apartment
building where he was staying with friends; no eyewitness to fall, which left
him a quadriplegic. Plaintiff filed premises liability claim against building
owner and management company, alleging improper design and maintenance of
vestibule, stairs, and doorway proximately caused his injuries. Court properly
entered summary judgment for Defendants, as Plaintiff presented no evidence,
other than speculative assertions through expert affidavits, that Plaintiff
fell because Defendants created and maintained condition exposing Plaintiff to
unreasonable risk of injury. (PIERCE, concurring; GORDON, specially
concurring.)