94 F.4th 675
7th Cir.2024Background
- Terri LoBianco slipped and fell in a Bonefish Grill restaurant in Skokie, Illinois, suffering a dislocated hip that required multiple surgeries.
- After the incident, LoBianco claimed she slipped on a liquid substance on the restaurant floor, which was corroborated by her own consistent testimony, her husband, and a Bonefish employee’s comments about a spill needing cleaning.
- The LoBiancos sued Bonefish Grill in Illinois state court for negligence (Terri) and loss of consortium (Louis).
- The case was removed to federal court on diversity grounds.
- The district court granted summary judgment for Bonefish Grill, finding LoBianco failed to establish proximate cause (specifically, what made her slip).
- The LoBiancos appealed the summary judgment to the Seventh Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sufficient evidence existed to show | LoBianco consistently testified that | LoBianco speculated about slipping in liquid | Plaintiff’s evidence suffices to create jury issue; summary judgment reversed. |
| proximate cause (that liquid caused the fall) | a liquid caused her fall; witnesses | due to only noticing wetness after the fall. | |
| Whether summary judgment was appropriate | Sensory perception and unequivocal | Plaintiff uncertain about actual cause; | Plaintiff’s account specific and consistent; speculation not required, so |
| under Illinois slip-and-fall negligence law | testimony suffice for jury issue | no proof liquid was proximate cause. | summary judgment improper. |
| Loss of consortium (derivative claim) | Dependent on success of negligence | Derivative claim fails if main claim fails. | Loss of consortium claim revived due to underlying negligence claim proceeding. |
| claim |
Key Cases Cited
- Ishoo v. Gen. Growth Props., Inc., 966 N.E.2d 1160 (Ill. App. Ct. 2012) (slip-and-fall plaintiffs who unequivocally identify cause of fall can survive summary judgment)
- Caburnay v. Nor. Am. Hosp., 963 N.E.2d 1021 (Ill. App. Ct. 2011) (plaintiff's sensory perception and consistent testimony sufficient to create jury issue)
- Barker v. Eagle Food Ctrs., Inc., 634 N.E.2d 1276 (Ill. App. Ct. 1994) (conjecture about possible causal connection insufficient for summary judgment)
- Kimbrough v. Jewel Cos., 416 N.E.2d 328 (Ill. App. Ct. 1981) (plaintiff's uncertainty about cause of fall fails to create a jury issue)
- Wiegman v. Hitch-Inn Post of Libertyville, Inc., 721 N.E.2d 614 (Ill. App. Ct. 1999) (wetness on clothing and witnesses can support slip-and-fall causation)