Wells v. Colonial Heights Recreation Center, Inc.

Illinois Appellate Court
Civil Court
Summary Judgment
Citation
Case Number: 
2013 IL App (1st) 111850
Decision Date: 
Friday, February 8, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded.
Justice: 
LAMPKIN
Plaintiff claimed injuries caused by loose and slippery swimming pool ladder when she tried to exit pool at her condominium complex. Plaintiff attacked Defendants' reliance on deposition testimony of pool maintenance company, to extent that he could not personally confirm safety of pool ladder at time of accident. Viewing pleadings and evidence in light most favorable to Plaintiff, evidence was sufficient to demonstrate question of material fact as to negligence claim, which precluded summary judgment. (GORDON and REYES, concurring.)