Richardson v. Bond Drug Co. of Illinois

901 N.E.2d 973, 387 Ill. App. 3d 881, 327 Ill. Dec. 240, 2009 Ill. App. LEXIS 8
CourtAppellate Court of Illinois
DecidedJanuary 14, 2009
Docket1-07-3349
StatusPublished
Cited by21 cases

This text of 901 N.E.2d 973 (Richardson v. Bond Drug Co. of Illinois) 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
Richardson v. Bond Drug Co. of Illinois, 901 N.E.2d 973, 387 Ill. App. 3d 881, 327 Ill. Dec. 240, 2009 Ill. App. LEXIS 8 (Ill. Ct. App. 2009).

Opinion

PRESIDING JUSTICE MURPHY

delivered the opinion of the court:

Plaintiff Reverend Joseph J. Richardson, Sr., appeals from an order of the circuit court of Cook County granting summary judgment to defendant, Bond Drug Company of Illinois, d/b/a Walgreens, in his negligence action for injuries sustained in a slip and fall in defendant’s store. On appeal, plaintiff claims that the trial court erred in granting summary judgment where the evidence created jury questions as to whether there was a dangerous condition present, whether defendant had notice of said condition, whether there was a sufficient nexus between defendant’s conduct and plaintiff’s injury, and whether defendant exercised reasonable care in maintaining its premises.

This case arises from injuries plaintiff allegedly sustained on December 26, 2004, when he slipped and fell at the Walgreens store at 1600 West Roosevelt Road in Broadview, Illinois. Plaintiff filed a complaint in negligence seeking damages for those injuries.

Plaintiff specifically alleged that defendant’s employees allowed the store floor to become wet and slippery with an unknown liquid, that defendant was negligent in failing to warn customers of the dangerous condition, failed to maintain a safe shopping area, created visual diversions so that plaintiff could not observe the dangerous condition of the floor, and improperly caused him to slip and fall violently to the floor. Based on these negligent acts, plaintiff contended that he sustained serious and permanent physical injuries which prevented him from attending to his usual duties and affairs. He also contended that he lost sums of money which would have otherwise accrued to him, as well as money that he spent for hospital care, doctors, and other medical services. Plaintiff requested a judgment against defendant in excess of $100,000.

On September 20, 2006, defendant filed an answer to plaintiffs complaint denying any negligence on its part. Defendant also raised two affirmative defenses based on comparative negligence, which plaintiff denied in his reply.

Depositions were then taken from the principals involved in the case. In his deposition testimony, plaintiff stated that about 9:45 a.m. on December 26, 2004, he arrived at the Walgreens store in Broad-view. While he was inside, he slipped and fell on the floor. Plaintiff assumed that the floor was wet because of an unknown substance, but he did not know the color, size, length, or texture of the substance that caused him to fall. He also testified that there were no signs posted warning customers of the dangerous condition.

Plaintiff further testified that the store manager saw him fall and asked him if he wanted an ambulance. Plaintiff said no, then got up, and noticed that his clothes were wet. He made a statement to a clerk at the counter regarding the clerk’s lack of assistance after he fell, and then went to church. When the pain from the fall increased during the day, he eventually went to Elmhurst Memorial Hospital, where he learned that he had sustained injuries to his back, right hand, ankle, knee, and also had a concussion.

In her deposition testimony, Jennifer Burney testified that she is the store manager at the Walgreens in question and remembered a customer falling inside the store, 12 feet away from the entrance and 4 feet away from her, on December 26, 2004. Burney stated that it was snowing lightly that day and that she assumed plaintiff’s shoes were new and slippery because it was wet outside. She stated that there was no liquid on the floor at the time of the incident, but that plaintiffs knees were wet after the fall. Burney also stated that on a snowy day like the one in question, the employees walk around the store to make sure that there is no water accumulating on the floor. If it is snowing hard enough, “wet floor” signs are posted; no signs were posted on the day in question because Burney did not see a problem. After the fall, however, Burney posted a “wet floor” sign and there were no further incidents.

With regard to the liquid on the floor of the store, Burney was asked the following:

“MR. NICHELE [Plaintiffs Counsel]: With his knees being wet, would that suggest that there was some sort of water on the floor?
MS. BURNEY: Yes.
MR. DERWINSKI [Defense Counsel]: I’m going to object to the question as it calls for speculation. You can answer.
MS. BURNEY: Yes.
MR. NICHELE: Okay. Do you know how long that water was on the floor?
MR. DERWINSKI: I’m going to object. She didn’t say there was water on the floor before.
MR. NICHELE: Well, I asked her if she — if that would suggest there’s water on the floor, and she said yes.
MR. DERWINSKI: When he was on the floor as well, though. I’m just going to advise her not to answer that question. Her prior testimony was that she didn’t notice any water on the floor before his fall.”

On September 5, 2007, defendant filed a motion for summary judgment asserting that the deposition testimony showed that plaintiff did not know what, if anything, caused him to fall. Defendant contended that without evidence of any condition, there can be no negligence on the part of defendant, no proximate cause of the injury, and no notice of any condition to defendant.

In his response, plaintiff maintained that there was a dangerous condition and negligence on the part of defendant, as evidenced by the fact that his clothes were wet after the fall, confirming that there was liquid on the floor. Plaintiff also maintained that the liquid was allowed to accumulate on the floor and caused him to fall and that a jury could find that there was a sufficient nexus between defendant’s conduct and his injury. Plaintiff further claimed that it is reasonable for a jury to believe that the employees were negligent for not observing the liquid on the floor, and thus, at the very least, a genuine issue of material fact regarding whether defendant should have noticed the liquid on the floor.

Defendant replied that plaintiffs arguments were speculative and conclusory and should be disregarded. Defendant further argued that there was no evidence that defendant or its employees knew of the liquid before plaintiff’s fall, and plaintiff failed to establish that defendant had constructive knowledge that it was on the floor.

On November 15, 2007, the trial court entered a written order granting defendant’s motion for summary judgment. Plaintiff now challenges that ruling on appeal.

Summary judgment is proper where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005 (West 2004). The trial court may grant summary judgment after considering “the pleadings, depositions, admissions, exhibits, and affidavits on file in the case” and construing that evidence in favor of the nonmoving party. Purtill v. Hess, 111 Ill. 2d 229, 240 (1986).

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Cite This Page — Counsel Stack

Bluebook (online)
901 N.E.2d 973, 387 Ill. App. 3d 881, 327 Ill. Dec. 240, 2009 Ill. App. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-bond-drug-co-of-illinois-illappct-2009.