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Summary Judgment Obtained

Dave Collins of Quinn, Johnston, Henderson, Pretorius & Cerulo, obtained summary judgment this spring on a case venued in Logan County. Plaintiff, a hotel guest, claimed he slipped and fell while taking a shower. Plaintiff filed suit against the company that managed the hotel, alleging various defects with the shower and failure to inspect/maintain the shower. Plaintiff sustained an orbital fracture that required two surgeries to repair, incurred medical expenses in excess of $60,000 and had on-going complaints relating to vision problems. Plaintiff’s last settlement demand was $300,000.

Defendant moved for summary judgment arguing that it owed no duty of care to Plaintiff, as the condition of the  wet shower floor was open and obvious.  Defendant also argued that Plaintiff failed to 1) prove that the shower in question was different from any other shower and 2) establish that the shower was in violation of the applicable building code and/or any state or federal regulations.  Plaintiff vigorously resisted the Motion.  The Court found no duty was owed by Defendant, and no question of fact existed precluding summary judgment.  Plaintiff elected not to appeal.

Dave Collins was asked by the Illinois Institute for Continuing Legal Education (IICLE) to update a chapter in a book entitled “Proving and Disproving Damages in Personal Injury Cases.”  Dave updated the chapter entitled “Punitive Damages: Defendant’s Perspective.”

Dave Collins was recently elected as President of the Board of Directors for CASA (Court Appointed Special Advocates) of Peoria County for the upcoming year.

 

Originally published in the Summer 2009 edition of Quinn Quarterly.