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Village of East Hazel Crest prevails in commuter lot trip and fall

Plaintiff, Mary Johnson, sued the Village of East Hazel Crest for injuries sustained while walking to catch the METRA train from the Village commuter parking lot (2017 L 4571 – Cook County Law Division). Plaintiff claimed to have tripped over a deviation in the asphalt and alleged serious injuries to her person. After numerous depositions of Village employees (past and present), we filed a Motion for Summary Judgment asking the Court to find that the defect was so minor that a duty could not be imposed or, in the alternative, that it is open and obvious such that she could have seen it and avoided it. We also asked the Court to find that the Village was entitled to discretionary immunity for its decision not to repair the entire lot due to its limited budget. The Court, Judge Kathy Flanagan, granted summary judgment on this third argument thereby dismissing the case with prejudice. This is our second victory in as many months for the Village of East Hazel Crest!

2018.05.18 – order (grant SJ)