Berke v. Manilow

Illinois Appellate Court
Civil Court
Summary Judgment
Citation
Case Number: 
2016 IL App (1st) 150397
Decision Date: 
Tuesday, August 23, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HYMAN

(Court opinion corrected 11/28/16.) Plaintiff fell in vestibule of apartment building where he was staying with friends; no eyewitness to fall, which left him a quadriplegic.Plaintiff filed premises liability claim against building owner and management company, alleging improper design and maintenance of vestibule, stairs, and doorway proximately caused his injuries. Court properly entered summary judgment for Defendants, as Plaintiff presented no evidence, other than speculative assertions through expert affidavits, that Plaintiff fell because Defendants created and maintained condition exposing Plaintiff to unreasonable risk of injury. (PIERCE, concurring; GORDON, specially concurring.)