Summary Judgment in Tree Fall Case

John Cunningham and Mason Dressler obtained summary judgment in a premises liability case in Madison County, Illinois, in which plaintiff incurred more than $570,000 in medical expenses after falling from a height of about 30 feet after a branch snapped in a tree plaintiff was trimming. Plaintiff sued the homeowners, claiming they failed to inspect the tree, failed to maintain the premises in a safe condition, and failed to warn plaintiff of the dangers presented. The motion for summary judgment was based upon lack of duty, that plaintiff failed to satisfy the requirements of a premises liability claim, that the danger of a branch breaking was open and obvious, and that plaintiff assumed the risk of injury. The judge agreed with the arguments raised and granted summary judgment in favor of our clients, the homeowners.