Premises Liability
• John B. Racanelli obtained a Not Guilty verdict in a case against a retail grocery operator in Rivera v. Jewel Food Stores, Inc. Cook County, Illinois. Plaintiff Deseree Rivera was at the Jewel Food Store located at 1710 North Kostner in Chicago, Illinois with her brother, two male cousins, a female cousin and aunt. Shortly after using the second-floor public restroom at the store, Ms. Rivera alleges to have slipped on the stairs as she, her brother and a male cousin were coming back downstairs to the main level of the store. Plaintiff contended that she slipped on water on the stairway. Plaintiff sustained a fracture of the distal tibia, fracture of the distal fibula and dislocated right ankle which required a closed reduction and a cast. The jury deliberated less than 50 minutes.
• James R. Studnicka obtained a Not Guilty verdict in a closed head injury case against a retail grocery operator in Jacobsen v. Albertson’s, Inc., Jewel Food Stores, Inc., American Drug Stores, Inc. and American Stores Company, LLC. Plaintiff was struck by a five foot tall Christmas Ornament display which fell off of a pallet during transport from the sales floor. Plaintiff claimed a head injury resulting in chronic daily severe headaches which persisted from the date of the incident and which were expected to last indefinitely into the future. Plaintiff’s settlement demand was $2 million prior to trial. The defense argued the display was made of cardboard, weighed only a couple pounds and could not have caused any injury to plaintiff, and further that plaintiff’s claimed headaches either did not exist or were related to plaintiff’s pre-existing medical and psychological condition.
• James R. Studnicka obtained a Not Guilty verdict in a closed head injury case against a retail grocery operator in Jacobsen v. Albertson’s, Inc., Jewel Food Stores, Inc., American Drug Stores, Inc. and American Stores Company, LLC. Plaintiff was struck by a five foot tall Christmas Ornament display which fell off of a pallet during transport from the sales floor. Plaintiff claimed a head injury resulting in chronic daily severe headaches which persisted from the date of the incident and which were expected to last indefinitely into the future. Plaintiff’s settlement demand was $2 million prior to trial. The defense argued the display was made of cardboard, weighed only a couple pounds and could not have caused any injury to plaintiff, and further that plaintiff’s claimed headaches either did not exist or were related to plaintiff’s pre-existing medical and psychological condition.