Heineke & Burke recently was successful in preserving a dismissal of a case when the First District Appellate Court of Illinois affirmed the trial court’s order granting summary judgment in favor of the defendants Lakeview Pantry, St. Alphonsus, and the Catholic Bishop of Chicago and against the plaintiff in a published opinion.

The Appellate Court embraced our argument that Lakeview Pantry had no control over the threshold which allegedly caused the plaintiff to trip and fall. The Appellate Court also found the Archdiocese was not liable in this case as it had not modified the subject threshold or the parking lot in at least 10 years; therefore, the plaintiff’s claim was time-barred by the Illinois 10-year Statute of Repose.