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Pamela Pierro Enjoys Back-to-Back Summary Judgments

In December 2007, Ms. Pierro successfully argued summary judgment on behalf of the defense in a premises liability case where the plaintiff's last demand had been $775,000. The plaintiff alleged that she slipped and fell on a clear, slippery substance in the shampoo aisle of a retail store, resulting in persistent right shoulder radiculopathy and weakness, as well as wage loss over a three year period. The motion was based upon: the unknown identity of the substance and its origin; the lack of any evidence establishing or tending to establish how long the substance had been present; and, that in order to hold the defendant liable, the jury would have been forced to speculate.

In February 2008, in another personal injury suit, Ms. Pierro successfully argued summary judgment on behalf of the defense based upon the exclusivity provision of the Workmen's Compensation Act. The plaintiff and her co-worker (both non-Illinois residents) were sent on a work assignment in Illinois. After the assignment was completed, on their way back to the airport in a rental vehicle they were involved in a motor vehicle accident. The plaintiff claimed that the accident caused a C5-6 disk herniation, which ultimately required a diskectomy. Her combined claimed medical expenses and wage loss totaled approximately $135,000. In prevailing on summary judgment, Ms. Pierro successfully argued that the plaintiff and her co-worker were co-employees and not independent contractors, and that they were within the scope of their employment at the time of the accident.

Nice job Pamela!