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Kollross Secures Second Department Affirmance of Summary Judgment Win In Trip and Fall Case

COOK COUNTY RECORD

Sunday, November 24, 2024

Kollross Secures Second Department Affirmance of Summary Judgment Win In Trip and Fall Case

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Melinda S. Kollross Shareholder (Chicago, Il) | Clausen Miller

Melinda Kollross, CM Shareholder and Chair of its Appellate & Trial Monitoring Practice Group, recently obtained a unanimous affirmance of summary judgment for their clients in a sidewalk trip and fall case. 

Although the issue of whether a dangerous or defective condition exists depends on the particular facts of each case and usually presents a question of fact for the jury, the New York Appellate Division, Second Department agreed with the defense position that the alleged defect — a height differential between two slabs of concrete — was trivial as a matter of law and thus non-actionable.  CM Shareholder Chris Scanlon and Partner Djordje Caran obtained the trial court victory.

Original source can be found here.

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