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Keywords

plaintiffdefendantnegligencetrialmotionsummary judgmentduty of caremotion for summary judgment
plaintiffdefendantnegligencemotionsummary judgmentduty of caremotion for summary judgment

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Miller v. TGI Friday’s, Inc., Not Reported in F.Supp.2d, 2007 WL 723426

Facts

On May 30, 2003, Marilyn Miller visited a TGI Friday's restaurant for the first time with her family. After eating, she slipped on a piece of lettuce while using the stairs to go to the bathroom, falling and injuring herself. Witnesses, including a group of women at a nearby table, saw her fall, but none could confirm how long the lettuce had been on the step. After the incident, several employees apologized to Miller, indicating awareness of the hazard.

After she fell, three of defendant's employees spoke to Miller and apologized for her fall.

Issue

Did TGI Friday's breach its duty of care by failing to maintain the premises in a reasonably safe condition, specifically regarding the presence of lettuce on the stairs?

Did TGI Friday's breach its duty of care by failing to maintain the premises in a reasonably safe condition, specifically regarding the presence of lettuce on the stairs?

Rule

In Illinois, to prove a negligence claim, a plaintiff must establish the existence of a duty owed by the defendant, a breach of that duty, and an injury proximately resulting from that breach. A proprietor owes a business invitee the duty of exercising ordinary care in maintaining the premises in a reasonably safe condition.

To prove a negligence claim in Illinois, 'the plaintiff must establish the existence of a duty owed by the defendant, a breach of that duty, and an injury proximately resulting from that breach.'

Analysis

The court analyzed whether TGI Friday's had notice of the hazardous condition that caused Miller's fall. It noted that the defendant's argument hinged on the lack of notice regarding the lettuce. However, the court found that Miller's claims about the presence of the lettuce and the statements made by employees could create a genuine issue of material fact regarding whether the restaurant had actual or constructive notice of the hazard.

The court analyzed whether TGI Friday's had notice of the hazardous condition that caused Miller's fall.

Conclusion

The court denied TGI Friday's motion for summary judgment, allowing the case to proceed to trial due to the existence of genuine issues of material fact.

For the reasons set forth above, the Court denies TGI Friday's Inc.'s motion for summary judgment.

Who won?

Marilyn Miller prevailed in the motion for summary judgment because the court found that there were sufficient factual disputes regarding TGI Friday's notice of the hazardous condition.

Marilyn Miller prevailed in the motion for summary judgment because the court found that there were sufficient factual disputes regarding TGI Friday's notice of the hazardous condition.

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