Jury Returns Verdict in Favor of Petroleum Company

Troy Lundquist successfully tried and defended a trip and fall claim that involved a sixty year old man who alleged that he tripped and fell over a piece of metal jutting up from a fuel pump.   Despite the condition being open and obvious, Plaintiff contended that he had to encounter the condition in order to do his job.  Defense argued that the Plaintiff admitted that he had filled up his truck 10-12 times at the damaged fuel pump without incident, and therefore, the Plaintiff was contributorily negligent.  The jury agreed and returned a verdict in favor of the Defendant Petroleum Company.  Plaintiff appealed, and the First District Appellate Court affirmed the decision of the trial court.  Troy and Anastasia defended the Appeal.  Mathews v. Avalon Petroleum, et. al., 375 Ill.App.3d 1, 871 NE.2d 859 (1st Dist. 2004).