In a dramatic turn of events, a woman has lost her appeal against the owners and managers of a parking lot where she suffered severe injuries. Rossmid Lopez-Arana filed the complaint in the Circuit Court of Cook County on January 2021 against Brian Properties, Inc., Salem Plaza Center II, LLC, and other unknown owners. The plaintiff claimed that she was injured due to unsafe conditions in the parking lot owned by these defendants.
The case dates back to January 22, 2019, when Lopez-Arana allegedly fell into a depression in the parking lot covered with ice and snow, leading to serious injuries to her left leg and back. She accused Brian Properties and Salem Plaza of negligence for failing to maintain safe premises, allowing snow and ice accumulation, and not warning visitors about the dangerous conditions. Despite her claims, the trial court granted summary judgment in favor of the defendants on August 2023, concluding that Lopez-Arana’s assertions were speculative.
Lopez-Arana argued that there was an unnatural accumulation of ice and snow due to depressions and cracks in the parking lot. However, Brian Properties and Salem Plaza countered that any such accumulation was natural due to ongoing weather conditions at the time. They also filed a third-party complaint against Jameson Pavement Surfaces, Inc., responsible for snow removal but alleged failure to keep the premises safe.
The appellate court upheld the lower court’s decision after reviewing testimonies and evidence presented by both parties. The court found no genuine issue of material fact linking Lopez-Arana’s fall directly to any negligence by Brian Properties or Salem Plaza. The judges concluded that there was insufficient evidence proving an unnatural accumulation caused by poor maintenance or structural defects in the parking lot.
Lopez-Arana’s appeal further contested that an unpublished order had been improperly used as precedent by the circuit court; however, this argument did not sway the appellate court’s decision. Ultimately, they affirmed that any ice present could have been from recent precipitation rather than structural issues with the parking lot surface.
This article was first published in Cook County Record.
