Gary Jansen and Laura Fahey Obtain Dismissal of $4.3 Million Suit


Gary Jansen and Laura Fahey successfully obtained summary judgment in the United States District Court for the Northern District of Illinois favor of a home improvement store, based on the open and obvious doctrine. The plaintiff slipped and fell while attempting to walk around a skid of merchandise and related stocking activity in the store aisle. The plaintiff stepped on a small dark plastic corner piece used for the merchandise on the skid. Mr. Jansen and Ms. Fahey successfully argued that the store did not owe a duty to the plaintiff because the stocking activity was an open and obvious danger.