$740,000 Slip and Fall Verdict Affirmed on Appeal
The Illinois Appellate Court has affirmed a slip and fall verdict of $740,000 obtained by Corboy & Demetrio that was challenged by a Chicago condo association.
In January of 2012, Cook County jurors found 6653-55 North Seeley Building Condo Assn. liable for injuries to Maria Garcia who tripped on dimly lit stairs in the building’s common area while visiting her sister. Garcia, who was 53, suffered a tibial plateau fracture. She had an initial surgery and eventually needed a knee replacement.
A key issue on appeal before the Appellate Court’s First Judicial District was whether statements made by condo board members to Garcia and an independent witness about the condition of the stairs should have been kept out as evidence in the trial as hearsay or whether it was properly admitted as an admission.
The Appellate Court held that Cook County Circuit Judge James Sullivan properly admitted the statements into evidence as admissions.
“It is clear from the case law that these statements are admissible as admissions. Judge Sullivan reviewed the case law and applied it to the facts on hand. He made the right call and the Appellate Court unanimously agreed, said Corboy & Demetrio partner Francis Patrick Murphy, who along with managing partner Robert J. Bingle represented Garcia.
Case info: No. 1-12-1342. Appellate Court of Illinois, First Judicial District, Maria Garcia v. 6653-55 North Seeley Building Condominium Association.