Hornacek v. 5th Avenue Property Management

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2011 IL App (1st) 103502 SECOND DIVISION September 30, 2011 No. 1-10-3502 JENNIFER HORNACEK, Plaintiff-Appellant, v. 5th AVENUE PROPERTY MANAGEMENT, JOHN BRANNEN, LAWRENCE BRANNEN, LINDA MARKS, THE BRANNEN FAMILY PARTNERSHIP, and ERIC RICE, Individually, and d/b/a ET Snow Removal & Lawn, Defendants-Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County. No. 07 L 12672 The Honorable James D. Egan, Judge Presiding. JUSTICE HARRIS delivered the judgment of the court, with opinion. Presiding Justice Quinn and Justice Cunningham concurred in the judgment and opinion. OPINION ¶1 Here we are called upon to determine whether the circuit court properly granted summary judgment in favor of defendants John Brannen, Lawrence Brannen, Linda Marks, The Brannen Family Limited Partnership, 5th Avenue Property Management (collectively 5th Avenue) and defendant Eric Rice, individually, and d/b/a ET Snow Removal & Lawn (collectively Rice). Plaintiff Jennifer Hornacek's complaint sought personal injury damages from a fall on ice in 5th Avenue's parking lot. Rice was contracted to perform snow removal services for the lot. ¶2 We hold that Hornacek has raised sufficient evidence of genuine factual issues to withstand both defendants' respective motions for summary judgment. She has provided evidence from which a trier of fact could reasonably find that Rice negligently maintained the

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