Allen v. Cam Girls, LLC
98 N.E.3d 474
| Ill. App. Ct. | 2017Background
- On Feb. 10, 2013, Robin Allen slipped and fractured her ankle in the parking lot of a strip mall where Jazzercise rented space; Alliance owned the mall and contracted ZL Landscaping for snow removal.
- There had been a 4.3-inch snowfall on Feb. 8 with temperatures fluctuating, producing thaw/refreeze layers; the lot was plowed (with evidence plowing occurred Feb. 9) and not salted before Allen’s fall.
- Allen testified she saw snow where she fell but did not see ice at that specific spot and repeatedly admitted that saying she slipped on ice was a guess.
- Eyewitnesses and police reported icy, slippery, and bumpy conditions in the lot; tenant management complained about choppy plowing around cars that created ridges/mounds.
- Allen submitted expert affidavits opining that ZL’s plowing practices and placement of snow mounds caused thawing/refreezing and unnatural ice accumulations; defendants moved for summary judgment arguing Allen could not prove causation or breach.
- The trial court granted summary judgment for defendants; Allen’s motion to amend was denied. The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant can be liable under a voluntary-undertaking theory for snow/ice removal | Alliance/ZL voluntarily undertook snow/ice removal (contractual obligations); thus they owed a duty and can be liable if removal was negligent | If defendant performed snow removal, liability requires proof removal was defective (i.e., produced an unnatural accumulation) or increased risk per Restatement §324A | Court: Whether under Eichler or cases like McBride, result same here because lot was plowed; plaintiff must show defendant’s efforts created an unnatural accumulation that caused the fall |
| Whether Allen proved an unnatural accumulation of ice that caused her fall (causation) | Experts opined plowing around cars and piling snow created ridges and runoff that thawed/refroze into depressions where Allen fell | Allen admitted she did not see ice at the fall location; mere speculation cannot establish causation | Court: Although experts showed the possibility of unnatural ice, Allen failed to prove she fell on ice; absence of direct evidence of what she slipped on was fatal—summary judgment proper |
| Whether the trial court abused its discretion by denying leave to file a third amended complaint | Proposed amendments would add facts about contract terms, inspection failures, plowing timing, and creating accumulations—curative to pleadings | Amendments would not cure the central defect (lack of causal proof that she fell on ice) | Court: Denial affirmed because the proposed amendment would not cure the dispositive lack of causation evidence |
Key Cases Cited
- Eichler v. Plitt Theatres, Inc., 167 Ill. App. 3d 685 (Ill. App. 1988) (contractual duty to remove snow may expose defendant to liability where no removal was attempted; if removal was attempted, liability only for defective removal that causes unnatural accumulations)
- McBride v. Taxman Corp., 327 Ill. App. 3d 992 (Ill. App. 2002) (contractual snow-removal duty does not eliminate requirement to prove an unnatural accumulation caused the fall)
- Burke v. City of Chicago, 160 Ill. App. 3d 953 (Ill. App. 1987) (where plowing occurred before the accident, plaintiff must show the removal was defective and created an unnatural accumulation)
- Webb v. Morgan, 176 Ill. App. 3d 378 (Ill. App. 1988) (plaintiff’s testimony that she slipped on ice plus evidence that water ran off snowbanks and refroze supported recovery)
- Strutz v. Vicere, 389 Ill. App. 3d 676 (Ill. App. 2009) (speculation about cause of fall is insufficient to defeat summary judgment; plaintiff must present affirmative proof of causation)