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COOK COUNTY RECORD

Saturday, November 2, 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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