Plaintiff filed suit after she slipped and fell on a slush-covered handicap parking symbol in a gas station parking lot. Central issue is whether the painted handicap symbol became unreasonably slippery when wet regardless of whether the wetness was natural or unnatural in source. In the context of this case, the natural accumulation rule is an "analytic sidetrack." Summary judgment for Defendants was inappropriate because evidence presents a sufficient factual basis upon which a trier of fact could find in favor of Plaintiff on the theory that Defendants' failure to maintain the painted handicap symbol resulted in a change to its slip-resistant composition, which made the symbol unreasonably slippery when wet and caused Plaintiff's injuries. (MIKVA and WALKER, concurring.)
Illinois Appellate Court
Civil Court
Natural Accumulation