Strutz v. Vicere

State: Illinois

Court: 1st District Appellate

Docket No: 1-07-2564 Rel

Case Date: 04/29/2009

Preview:1-07-2564 THIRD DIVISION APRIL 29, 2009

No. 1-07-2564 HENRIETTE STRUTZ, as Special Administrator of the Estate of Russell Strutz, Deceased, Plaintiff-Appellant, v. CHRISTOPHER VICERE and CHRISTINE VICERE, Defendants-Appellees. ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County.

No. 05 L 7712 The Honorable Elizabeth Budzinski, Judge Presiding.

JUSTICE COLEMAN delivered the opinion of the court: Plaintiff, Henriette Strutz, appeals from an order of the circuit court of Cook County granting summary judgment to defendants, Christopher and Christine Vicere, in this negligence and wrongful death action for injuries Russell Strutz sustained in a slip and fall on defendants' staircase. On appeal, plaintiff claims that the trial court erred in granting summary judgment because the evidence created jury questions as to whether the defects in the staircase were a proximate cause of the fall resulting in Russell's death. We affirm. On March 6, 2005, Russell Strutz sustained injuries when he allegedly slipped and fell on the back staircase at his home, a two-flat owned by defendants, Christopher and Christine Vicere. Russell was a 60-year-old recently retired paramedic who had lived at the property for 8

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