how can i approach this question?

Question

how can i approach this question: A man at a busy airport, slips on a banana peel trying to catch his flight. He sues the airport. Airport moves for summary judgement saying there's no evidence. I'm asked to write a memo to the judge explaining why under Illinois law, (were this hypothetically happened) she should grant or dismiss the motion for summary judgement. How can I approach this?

Answer 1

Well, this requires significant more information. Is the summary judgment request before or after discovery? Did the man notify the airport when he slipped? Did the man have any injuries? Is there any question as to where the man really received his injuries from? What does Illinois law require of a public facility regarding discarded items and torts?

I would find it hard for the airport to move to summary judgment if discovery has not happened. Consequently, assuming discovery has already taken place, it would seem the memo should be about the evidence that was presented, and how that evidence fails to show that an open issue of fact exists. E.g., the man submitted a doctor's letter outlining his injuries, but it was also discovered that the letter is in reference to an automobile accident prior to the airport incident. Thus, the letter should be stricken, and their exists no evidence that the man was injured at the airport. Thus, there are no issues of fact left to resolve, so summary judgment is reasonable.

You need more information than what you presented here to have a qualified answer.

Answer 2

First you need to find out what the standard is in Illinois under the theory being sued on. If it's negligence the law is probably either that the landowner has a reasonable duty to keep the premises clean and if someone falls on something and they didn't have a routine procedure to check the floors then negligence on them is assumed or in other states the guy who falls has to prove that the substance was there long enough that the landowner knew or should have known about it. Once you know the standard, look that the facts - did the airport have a policy for cleaning its' floors? Was the banana yellow and whole or was it brown, moldy and have evidence that it had been there a year before the guy fell. Obviously the longer it's there the more notice the airport had it might be there. Also in some states there is a defense to a claim for an open and obvious condition - should the plaintiff have seen the banana? In some places that is a defense, in others it is not. Lastly look at the standard for summary judgments which is normally you construe all the facts in the light most favorable to the party opposing the motion and if the evidence does not foreclose the other side from winning the sj motion should be denied. Hope that helps.

Answer 3

I would look at it this way:

First, you need to decide how you feel about this case.

Then I would examine liability. Did the airport willingly put the banana there? No. Does the airport have janitors? Yes. Was the man paying attention to his surroundings? I don't know.

The question is has the airport taken all reasonable measures to provide safe floors to walk on or were they negligent?

I would also try to find out if there where any calls made to have a janitor come clean up, or see if there were security tapes. If some jackass drops it and 2 seconds later the guy slips, there's no way the airport could be liable. But if it took 2 hours and 10 passengers complained about it, then maybe.

Answer 4

Look at the standard for Summary Judgment as defined by the state's laws. Generally, it's where there is no material issue of fact -- meaning that the facts being alleged by both sides are the same in all instances that matter -- and therefore the issue can be resolved purely as a matter of law based on those facts.

Are there any facts being disputed here? Looks like it.

So, the question is, what is the Illinois standard for summary judgment -- is the "no material issue of fact" -- or is it based on some level of proof establishing a prima facie case?

If so, what is the standard of proof? Are sword affidavits sufficient to meet the evidentiary standard to survive summary judgment?

These are the legal issues that you need to research under Illinois law -- and then put the memo in proper format.

Answer 5

Impossible to answer without the operative pleadings and without the applicable law. But if it's undisputed that plaintiff slipped on the banana peel, then the motion could turn on whether there is any notice (actual or constructive) to the defendant/moving party. If there are no disputed material facts, and there is also no factual support for actual or constructive notice, you could well recommend that the motion be granted. If the notice is disputed and factual support for notice is set forth in the opposition to the motion, then the motion should likely be denied.

Answer 6

I would approach it by doing my own research and writing.