Piotrowski v. Menard, Inc.

Federal 7th Circuit Court
Civil Court
Negligence
Citation
Case Number: 
No. 15-3163
Decision Date: 
November 29, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-store’s motion for summary judgment in action alleging that defendant was negligent when plaintiff incurred injuries arising out of her trip and fall on two stones located in defendant’s parking lot. Fact that plaintiff fell in defendant’s parking lot after tripping on two stones, by itself, is not sufficient to support inference that defendant was negligent, and plaintiff’s belief that she fell as a result of defendant’s negligence is only speculation, especially where she presented no evidence either that: (1) defendant’s employees were responsible for placement of instant stones in defendant’s parking lot; (2) defendant had actual notice of stone’s dangerous placement in parking lot; or (3) defendant had constructive knowledge of presence of instant stones in parking lot. Also, record failed to show either pattern of negligent conduct or recurring negligent incidents.