Claimsone v. Professional Property Management

State: Illinois

Court: 2nd District Appellate

Docket No: 2-10-1115 Official Reports

Case Date: 09/12/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Claimsone v. Professional Property Management, LLC, 2011 IL App (2d) 101115

Appellate Court Caption

CLAIMSONE, Individually and as Subrogee of Tri-County Opportunities and Lynn Brome, Plaintiff-Appellant, v. PROFESSIONAL PROPERTY MANAGEMENT, LLC, UNKNOWN OWNERS OF BLACKHAWK APARTMENTS, and JANIS PUMFREY, Defendants-Appellees.

District & No.

Second District Docket No. 2-10-1115 September 12, 2011 In a subrogation action by the workers' compensation insurer of the employer of a home-care provider who fell on the snow- and ice-covered stairway to her client's apartment, the trial court properly entered summary judgment for the apartment management company on the ground that the management company did not voluntarily undertake a duty to remove the natural accumulation of snow and ice where the snowfall was the first of the season, the injured home-care provider noticed the snow on the stairs, plaintiff did not show the requisite reliance on the management company's prior performance in cleaning the stairs, and the management company's contract did not expressly require the company to remove the snow and ice. Appeal from the Circuit Court of Ogle County, No. 07-L-54; the Hon. Michael T. Mallon, Judge, presiding.

Filed Held (Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment Counsel on Appeal

Affirmed. Paul A. Tsukuno, of Inman & Fitzgibbons, Ltd., of Chicago, for appellant. Daniel L. Polsby, of Dowd & Dowd, Ltd., of Chicago, for appellees.

Panel

PRESIDING JUSTICE JORGENSEN delivered the judgment of the court, with opinion. Justices Hudson and Birkett concurred in the judgment and opinion.

OPINION

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