Ruda v. Jewel Food Stores, Inc.
2024 IL App (1st) 230582
Opinion Filed July 9, 2024
Plaintiff Roberta Ruda slipped and fell in a Jewel-Osco store on Waukegan Road in Deerfield, Illinois. Ruda filed a lawsuit complaining of negligence on the part of Jewel Food Stores for not maintaining safe premises. Ruda claimed she slipped on a cherry on the store's floor. A store director acknowledged a cherry pit was on the bottom of Ruda's shoe. The store had a cherry display at the time of the incident.
Ruda’s lawsuit alleged Jewel Food Stores failed to properly inspect and maintain the floor, remove hazards, and warn about potential dangers. Ruda further alleged that the store was negligent in ensuring the area was safe for customers.
Jewel-Osco argued that Ruda was inattentive and failed to observe an obvious hazard.
Presented at trial was an "Incident Detail Report" confirming the cherry pit on the floor and noting no employee sweep was recorded before the fall.
The Trial Court granted summary judgment in favor of Jewel Food Stores, stating Ruda did not present enough evidence to show the store had notice of the hazard. Ruda appealed the decision, arguing the store should have known about the recurring issue of cherry pits on the floor, given past incidents.
The Appellate Court reversed the Trial Court's Decision and in doing so:
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- Found that there were genuine issues of material fact that needed to be addressed.
- The evidence suggested that cherry pits on the floor were a recurring problem and the store might have had constructive notice of the hazard.
- Employees testified that customers often ate cherries and spat out the pits, indicating a foreseeable danger.
- There was a significant gap in the store's documented floor sweeps, implying the store's procedures might not be effective in preventing such hazards.
The Appellate Court concluded that a jury should determine whether Jewel Food Stores was negligent in maintaining safe premises and if they had constructive notice of the hazard. The case was remanded for further proceedings.
If you’ve been injured from a fall you should seek assistance from a lawyer experienced in slip and fall or premises liability cases.
For more direct answers to your questions, call Steve Giacoletto at the Giacoletto Law Firm at 618-346-8841 or toll-free at 888-346-8841 to speak today with an experienced Madison County, St. Clair County, and Southern Illinois accident and injury lawyer located in Collinsville, Illinois.
