Hall v. NAPER GOLD HOSPITALITY LLC
969 N.E.2d 930
Ill. App. Ct.2012Background
- Hall slipped on ice in Naper's Naperville parking lot while loading luggage; Naper was a Best Western hotel owner; KM Enterprises contracted to plow/salt the lot; Hall alleged KM negligently removed snow/ice; Naper moved for summary judgment on whether the ice was an unnatural accumulation; the trial court granted summary judgment and the appeal was dismissed for Rule violations by counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper before discovery completed | Hall argues discovery incomplete. | Naper argues hearing was proper. | Appeal dismissed; merits not reached. |
| Whether there was a genuine issue of material fact on ice accumulation naturalness | Hall contends facts show natural/unnatural issue. | Naper contends no genuine issue; evidence supports natural accumulation. | Appeal dismissed; merits not reached; issues forfeited. |
Key Cases Cited
- People v. Sprind, 403 Ill. App. 3d 772 (2010) (forfeiture when no proper citations to record)
- Palm v. 2800 Lake Shore Drive Condominium Ass'n, 401 Ill. App. 3d 868 (2010) (arguments must be supported with authority and record citations)
- In re Detention of Powell, 217 Ill. 2d 123 (2005) (harsh sanction for noncompliance with rules justified)
- Burmac Metal Finishing Co. v. West Bend Mutual Insurance Co., 356 Ill. App. 3d 471 (2005) (noncompliance with briefing rules may lead to dismissal)
- Kerger v. Board of Trustees of Community College District No. 502, 295 Ill. App. 3d 272 (1997) (formatting and briefing rules facilitate review)
- Parker, In re Estate of Parker, 2011 IL App (1st) 102871 (2011) (noncompliance with Rule 341 can lead to dismissal)