Gary Jansen and Laura Fahey Obtain Summary Judgment Based Upon the Open and Obvious Doctrine


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 was struck in the shoulder by a falling stack of insulation in the self-service warehouse. Mr. Jansen and Ms. Fahey successfully argued that the plaintiff recognized and appreciated the open and obvious nature of the leaning, uneven, and unstable stack of insulation. They successfully struck the plaintiff’s affidavit and defeated the plaintiff’s argument that the store was liable failing to properly stack the insulation. Mr. Jansen and Ms. Fahey obtained costs on behalf of the store. The case is on appeal in the United States Court of Appeals for the Seventh Circuit.