Earlier this month, the highest court in Illinois issued a written opinion in a premises liability case requiring the court to interpret a statute that on its face grants immunity to property owners who are negligent in the removal of snow or ice on their land. In the case, Murphy-Hylton v. Lieberman Management Services, the court determined that the defendant apartment complex was not entitled to immunity because the plaintiffs did not allege negligence in the removal of the condition but instead negligence in otherwise maintaining the property.
The nuance in the court’s opinion is instructive to would-be personal injury plaintiffs in Maryland because the opinion shows how closely courts scrutinize legal arguments and how a dedicated advocate can greatly increase a plaintiff’s chance of success.
The Facts of the Case
The plaintiff lived in an apartment complex owned by the defendants in Carol Stream, Illinois. In February, 2011, a snow storm dropped over 20 inches of snow in Carol Stream. The defendant arranged for the snow and ice to be cleared from the premises, but 11 days after the storm, the plaintiff slipped and fell on a patch of ice behind her building on her way to the parking lot.