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Momkus McCluskey Scores Victory in Municipal Sewer Back-Up Case

Momkus McCluskey prevailed on its Amended Motion for Summary Judgment in the defense of the Village of Diamond, Illinois, having the case dismissed with prejudice. On August 22, 2008, Judge Peterson of the Circuit Court of Grundy County entered an order granting the firm's motion, which was based on the fact that the plaintiff was attempting to base its case on speculation and conjecture as to the proximate cause of the sewer backup that damaged its premises. The court agreed with Momkus McCluskey's argument that, upon the completion of discovery, the plaintiff had not established the existence of a specific defect within the Village sewer system, about which the Village had notice, that proximately caused the plaintiff's damages. The case was handled by firm member James Marsh, and associate Marcy L. Angsurat.