Hernandez v. City of Chicago

2023 IL App (1st) 221954-U
CourtAppellate Court of Illinois
DecidedOctober 31, 2023
Docket1-22-1954
StatusUnpublished

This text of 2023 IL App (1st) 221954-U (Hernandez v. City of Chicago) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hernandez v. City of Chicago, 2023 IL App (1st) 221954-U (Ill. Ct. App. 2023).

Opinion

2023 IL App (1st) 221954-U

SECOND DIVISION October 31, 2023

No. 1-22-1954

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT ______________________________________________________________________________ PAULA HERNANDEZ, ) Appeal from ) the Circuit Court Plaintiff-Appellant, ) of Cook County ) v. ) 2020-L-008552 ) CITY OF CHICAGO, and SKYLINE MANAGEMENT GROUP, ) Honorable ) Gerald Cleary, Defendants-Appellees. ) Judge Presiding

JUSTICE McBRIDE delivered the judgment of the court. Presiding Justice Howse and Justice Cobbs concurred in the judgment.

ORDER

¶1 Held: Circuit court did not err in granting municipality and its airport property manager summary judgment against business invitee’s personal injury suit alleging her slip and fall in airport restroom resulted from spots of water on floor, where plaintiff had no evidence of defendants’ actual or constructive notice of water on floor.

¶2 This appeal arises from Paula Hernandez’s negligence and premises liability suit in which

she alleged that while traveling through Chicago’s O’Hare International Airport, she was injured

when she slipped and fell as a result of an accumulation of water on a restroom floor. After

considering the deposition transcripts of Hernandez and a Terminal 5 airport cleaning supervisor,

the circuit court granted summary judgment to the City of Chicago and its property manager,

Skyline Management Group (Skyline Management). Hernandez argues that summary judgment 1-22-1954 should not have been granted when there were genuine issues of fact as to whether Chicago and

Skyline Management had actual or constructive knowledge of the dangerous condition of the

restroom floor.

¶3 Hernandez testified at her deposition that she was at the airport at around noon on October

22, 2019, for a return flight from Chicago to her home in Austin, Texas. She was traveling with

her son, daughter-in-law, and granddaughter, and had been in Chicago with family for her

granddaughter’s fifteenth birthday celebration. After going through security screening, Hernandez

and her granddaughter decided to use the restroom. Hernandez entered the women’s restroom,

walked past a row of sinks on her left, turned right, walked down a hallway, and then entered a

stall that faced the hallway. (One of the two photos attached to the defendants’ motion for summary

judgment depicts a row of stall doors that are opposite a row of sinks, and the second photo depicts

a row of stall doors that are opposite a row of frosted windows. Therefore, it appears that the

“hallway” Hernandez said that she walked through was the corridor formed between the stalls and

frosted windows, and that she would have travelled a path from the restroom entryway to the stall

that she chose, by first entering the restroom, walking past the row of stalls that faced the sinks,

and then taking two right turns to enter the row of stalls that faced the windows.) The restroom

was not crowded at the time. The only people there were Hernandez, her granddaughter, and a

“flight attendant” who had entered with or just before them.

¶4 Hernandez testified that as she walked, she observed “some water, like, near the sinks,”

but when later asked, “Did you see any water on the ground anywhere as you walked past the

sinks?,” Hernandez said, “No. I didn’t see any water.” Also, when the question was, “did you see

any water or substance on the floor while you were going toward the toilet stall before using it,”

-2- 1-22-1954 Hernandez answered, “I didn’t see water. I didn’t see water at all.”

¶5 After using the facilities, Hernandez exited the stall, turned left, and fell down after

“[taking] [m]aybe two steps. It was almost immediately.” She “just slipped and fell. It was out of

the blue.” Hernandez testified, “I didn’t see any water. I was walking [closer to the stalls than to

the windows], but I didn’t see any water around there.”

¶6 After Hernandez fell, she saw that the flight attendant “was already standing there” and

then Hernandez’s granddaughter quickly exited her stall and came to Hernandez’s assistance.

During her deposition in October of 2021, nearly two years after her travels, Hernandez could not

recall whether anyone else was in the vicinity (“I don’t remember. I don’t know.”).

¶7 Hernandez stated that she was on the floor for about three minutes before her son came

into the restroom. She was unable to get up by herself and attributed this inability to “my left side

because the stalls were there” and “[on] my right side where I had the surgery[,] I couldn’t do it.”

Hernandez testified that her right knee had been replaced in 2019, that the surgeon told her that

her left knee was arthritic, and that she had been treated for left knee pain. (Hernandez also testified

that she was disabled by “arthritis in all [her] body” and stopped working before her trip to Chicago

in 2019.)

¶8 Hernandez said that she fell “[b]ecause there was water, and I didn’t realize there was water

at that point.” Also, “I realized[,] [however,] that there was water when I touched it with my [left]

hand.” When Hernandez was assisted up, she “looked down and *** saw different spots with

water. A little bit of water here, a little bit of water there, a little bit more there. It was all spread

out.” “Some parts were wet, some parts were dry.” When asked to describe the size of these

“spots,” Hernandez said, “I don’t remember the size” and “I don’t know.” When she got up, the

-3- 1-22-1954 left side of her body “[b]etween [her] shoulder and [her] arm” was wet and “both *** legs” were

wet.

¶9 Hernandez could not identify the origin of the water. She did not know if the water trailed

from the sinks, only that she felt the water or “dampness” underneath her, where she had fallen.

She did not see anything broken in the bathroom that would have caused the water to be on the

floor. She did not know how long the water was on the floor.

¶ 10 In the emergency room, she was diagnosed with only bruises. Upon returning to Austin a

few days later, she was in pain. The pain on her right side “got better” “[a]round a week later.” In

2021, Hernandez had surgery on her left shoulder, and as of her deposition in October of that year,

she had limited range of motion in her left shoulder and was continuing treatment for her left knee.

¶ 11 In her three-count complaint, Hernandez sought compensation from Chicago under the

theories of negligence and premises liability (counts I and II) and from Skyline Management under

the theory of negligence (count III).

¶ 12 The other deponent was Cruzelba Blanco, who testified in late 2022 that the airport

property management company had employed her as a cleaning supervisor for nine years. In this

capacity, she performed cleaning tasks in the women’s restrooms in the airport terminal where

Hernandez was injured in 2019 (Terminal 5) and trained new employees.

¶ 13 In 2019, the women’s restrooms were cleaned every 40 minutes to one hour, depending on

how busy the facility was. The restrooms were never closed and it took longer to clean a restroom

when it was busy. Although there was no written company policy, each of the approximately 25

restrooms in Terminal 5 was supposed to be cleaned every hour.

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2023 IL App (1st) 221954-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-city-of-chicago-illappct-2023.