Published on:

Case Law Update: Summary Judgment in Personal Injury

Rogers v. Matanda, Inc., No. 3-07-0855 (5-29-09) ruled that the trial court did not err when it granted summary judgment, to defendant, tavern property owner, dismissing plaintiff’s complaint for personal injuries he sustained when he fell off retaining wall while intoxicated outside of rear exit. Since plaintiff cannot describe how or why he fell, he cannot establish that the lighting or topographic condition of outside of premises was the proximate cause of his fall. This case will have an effect on personal injury claims.