Hornacek v. 5th Avenue Property Management 

Illinois Appellate Court
Civil Court
Natural Accumulation
Citation
Case Number: 
2011 IL App (1st) 103502
Decision Date: 
Friday, September 30, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed.
Justice: 
HARRIS
(Court opinion corrected 10/5/11.) Plaintiff sued for injuries sustained from a fall on ice in parking lot owned by one defendant; another defendant was contracted to perform snow removal services for the lot. Plaintiff raised sufficient evidence of genuine factual issues to withstand both defendants' motions for summary judgment. Trier of fact could reasonably find that contractor negligently maintained parking lot, and that property owner had actual or constructive notice of unnatural condition (unnatural accumulation, created by contractor pushing large quantities of snow against building, with snow melting and then freezing into "invisible ice" overnight) which proximately caused Plaintiff's injuries. (QUINN and CUNNINGHAM, concurring.)