Plaintiff, age 69, slipped and fell on ice outside the exit of a woman’s bathroom owned by the Chicago Park District. Plaintiff struck her head causing her to sustain a mild traumatic brain injury with a subarachnoid hemorrhage, subdural hematomas, and hospitalization for three weeks. Plaintiff claimed that the fall caused severe cognitive impairments and gait ataxia. Plaintiff contended that there was an unnatural accumulation of ice due to a defective gutter. The defense contended that the the ice was a natural accumulation of ice resulting from the normal freeze and thaw cycle of a Chicago winter. In addition, the Plaintiff admitted to seeing seeing the ice while exiting the bathroom. Defendant’s experts maintained the majority of her cognitive impairments and gait ataxia were caused by pre-existing conditions. They contended that Plaintiff’s physicians never noted any cognitive decline while she was hospitalized and only did so after seeing a neurologist 6 years after the fall and 1 month prior to the trial.
Verdict: Not Guilty
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