Demonstrating legal expertise and strategic precision, the Chicago office of WSHB secured a significant victory in a contentious slip-and-fall case, winning summary judgment on behalf of a prominent property management company. Leading the charge was senior associate, Jon Kangwa, who successfully argued that the plaintiff's claims were barred by the "open and obvious" doctrine- a challenging defense to prevail upon in Illinois courts.
The case stemmed from a 2023 incident where the plaintiff tripped over a large pothole while walking through a shopping mall parking lot managed by the defendant. The plaintiff, represented by a well-known local law firm, claimed the incident exacerbated preexisting conditions, resulting in $385, 673 in medical expenses and a $1.3 million settlement demand. The plaintiff also argued that distractions at the time of the fall justified an exception to the open and obvious rule.
However, Kangwa's meticulous preparation, including securing pivotal testimony during the plaintiff's deposition, proved decisive. The testimony demonstrated that the pothole was readily visible, and that the plaintiff was not distracted at the time of the incident. After thorough briefing, the court issued a written ruling granting summary judgment, with reasoning closely mirroring the defense's arguments.
"This case highlights the importance of uncovering key facts early and presenting them effectively," said Kangwa. "Winning a motion for summary judgment on the open and obvious defense is no small feat, particularly in Cook County, where courts often favor letting such cases proceed to trial. We are proud to have delivered this outcome for our client."
WSHB partner Ryan Neri lauded the Chicago team for their achievement. "This victory underscores the skill and tenacity of our attorneys in tackling complex litigation. By obtaining summary judgment in a case with high financial stakes and vigorous opposition, this win exemplifies the innovative and results-driven advocacy that our clients have come to expect from our highly skilled attorneys at WSHB."
This outcome further bolsters WSHB's reputation for delivering favorable results in challenging premises liability cases. Particularly in Illinois' demanding legal environment. The win not only saved the client from a costly trial but also affirmed the critical role of precise legal strategy in high-stakes litigation.
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 42 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.