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Ankin Law In The News

Department Store Slip/Fall

February 28, 2008

Injury suit against department store belongs in Cook County, court rules

By Stephanie Potter
Law Bulletin staff writer

A trial judge did not abuse her discretion when she denied a motion to move a slip-and-fall case from Cook County to Kankakee County, the 1st District Appellate Court held Friday.

Linda Nolte filed suit in October 2004, alleging she injured her knee when she fell on a wet floor at the Bourbonnais Carson Pirie Scott store. She alleged Carson Pirie Scott & Co. was negligent in maintaining the store.

According to the appeals court’s order, McRil Inc., the owner of the store at issue, entered an appearance in the case. Carson Pirie Scott & Co. no longer exists as a company doing business in Illinois, the order said.

Cook County Circuit Judge Barbara A. McDonald denied McRil’s motion to transfer the case to Kankakee County based on the doctrine of forum non conveniens. The appeals court affirmed McDonald in a 9-page order written by Justice P. Scott Neville Jr. The order was unpublished in accordance with Illinois Supreme Court Rule 23.

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