Airdo Werwas Obtains Win in the Illinois Appellate Court


On July 29, 2020, the 1st District Appellate Court affirmed summary judgment in favor of Defendant Temperance Beer Company. Jorge Tafoya-Cruz & Dulce James v. Temperance Beer Company, LLC, 2020 IL App (1st) No. 1-19-0606. The defendant was represented by Mollie N. Werwas, and  Amanda Walsh of Airdo Werwas, LLC. The Appellate Court agreed that the trial court had properly granted Temperance’s Motion for Summary Judgment and denied Plaintiff’s Motion for Reconsideration. At issue was whether Temperance had notice of liquid claimed to be on the taproom’s restroom floor, allegedly causing Plaintiff’s fall. The Appellate Court found the trial court properly decided there was no evidence presented about how long a liquid had been on the floor, or even what the liquid was, and so Plaintiff did not meet his evidentiary burden to prove constructive notice.

The Appellate Court also held the trial court properly denied Plaintiff’s Motion for Reconsideration because Plaintiff presented a new legal theory in that motion. The new theory, that water allegedly dripping on the floor created a recurring dangerous condition, was waived because the plaintiff only raised this issue for the first time on a motion to reconsider. Additionally, the Court rejected Plaintiff’s proposition that an employee’s unofficial inspection policy imposes an obligation on a business, independent from common law. To view the Court’s opinion, click here.

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