Plaintiff’s Appeal of Summary Judgment For Grocery Store on Mixed Products Liability and Premises Liability Action Dismissed Pursuant to Technical Defect
John Langhenry and Chris Dunsing successfully obtained summary judgment for their grocery store client on a questionable premises liability action and products liability action based on an assumption of risk argument. When the plaintiff appealed the ruling to the Second District Appellate Court of Illinois, John and Chris quickly identified a technical defect in the plaintiff’s notice of appeal based on Illinois Supreme Court Rule 303 and the Illinois Supreme Court’s decision in Secura Ins. Co. v. Ill. Farmers Ins. Co., 232 Ill.2d 209 (2009). They filed a motion to dismiss the plaintiff’s appeal, which was granted by the Second District Appellate Court of Illinois. The plaintiff consequently lost jurisdiction to appeal the summary judgment order, saving the client a substantial amount of money on an appellee’s brief.