Lara v. Team Menard, Inc.
1:24-cv-06790
N.D. Ill.Apr 14, 2025Background
- Tom Lara sued Team Menard, Inc. for negligence after slipping and falling on ice outside an Illinois Secretary of State facility in Joliet, Illinois.
- Team Menard owns and maintains the property under lease to the Illinois Secretary of State.
- On February 2, 2021, after over 18 inches of recent snowfall and freezing temperatures, Lara slipped on a sidewalk beneath a gutter with icicles and snow drift.
- Team Menard contracts with vendors for property maintenance and had not received any hazard reports about unusual ice accumulations at the site.
- Plaintiff failed to comply with local summary judgment rules by not properly contesting Defendant’s statements of fact.
- The case was decided on summary judgment, applying Illinois law, which includes the natural accumulation rule for snow and ice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to Remove Natural Accumulation | Menard owed a duty to remove ice/snow from property | No duty to remove natural accumulation per Illinois law | No duty owed for natural accumulation |
| Ice Was Due to Unnatural Causes | Gutter was damaged; Defendant created the hazard | No evidence of unnatural accumulation; only natural causes | No evidence of unnatural accumulation |
| Causation Between Gutter and Fall | Gutter and icicle caused the patch of ice | No evidence gutter caused ice where fall occurred | No causal link established |
| Notice of Dangerous Condition | Menard failed to address known hazardous condition | No reports or evidence showing notice or knowledge | Issue not reached; no evidence of unnatural condition |
Key Cases Cited
- Krywin v. Chi. Transit Auth., 238 Ill.2d 215 (Ill. 2010) (landowners not liable for injuries resulting from natural accumulations of ice, snow, or water)
- Donoho v. O'Connells, 13 Ill.2d 113 (Ill. 1958) (duty of ordinary care does not make possessor insurer of invitees' safety)
- Bloom v. Bistro Rests. Ltd. P’ship, 304 Ill. App. 3d 707 (Ill. App. Ct. 1999) (natural accumulation rule applies to falling ice and snow on buildings)
- Whittaker v. Honegger, 284 Ill. App. 3d 739 (Ill. App. Ct. 1996) (liability arises only if unnatural condition is caused or aggravated by landowner)
- Madeo v. Tri-Land Props., Inc., 239 Ill. App. 3d 288 (Ill. App. Ct. 1992) (plaintiff must show direct link between defendant-created condition and injury)