Fleming Law Office in Central Illinois

Premises Liability

Abigail defended the landlord/owner of a house rented to an unmarried couple with two children.  During the night, an alleged carbon monoxide leak was detected, and the boyfriend carried all three other residents who were overcome by fumes outside to safety.  The case involved claims for medical bills and breathing injuries.  Expert testimony revealed that a pipe in the furnace failed, unbeknownst to the landlord or the tenants.  The court found no negligence, and granted judgment in favor of Abigail’s client, the defendant landlord of the home.

John Fleming defended the Third-Party Defendant, the owner of a building, arising out of an accident that occurred during the demolition process of the building. A stairwell had been removed, and a police officer fell down the open and unprotected stairwell, while patrolling the building at night. At trial, the jury placed 80% of the liability on the demolition company (defended by a different law firm) and only 20% on the building owner.

John Fleming represented a hospital. This case involved an injured plaintiff, a hospital patient, who fell on an alleged improper rise between two different floor surfaces. Plaintiff claimed there was insufficient marking or warning of the differences in floor levels, causing her fall and fracture injuries. The jury returned a “not guilty” verdict in favor of the hospital.

John Fleming defended a building owner in a case where a roofing worker fell through a clear plastic skylight and suffered multiple fracture injuries and incurred in excess of $200,000.00 in medical bills.  The defense argued that the skylight was an obvious condition and the injured plaintiff roofing worker should not have stepped on the skylight.  The jury agreed with Mr. Fleming and found the building owner not guilty of any negligence.

John Fleming tried a case that involved three businessmen in an elevator at a local hospital, who claimed the elevator dropped or fell several floors.  One businessman had a heart attack.  The elevator involved was a hydraulic elevator.  The expert for the defense testified that when a hydraulic elevator breaks or malfunctions, the elevator will fall slowly, due to the fact that the elevator is supported by fluid located in cylinders and lines which diminish slowly during any system failure.  The jury returned with a not guilty verdict in favor of John’s client.

John Fleming defended the landlord in a case where the injured plaintiff claimed a trip and fall on a loose floor tile in the kitchen in the leased premises.  Plaintiff and her husband cleaned the floor several times per week for several years and never observed any loose tiles or any defects.  The landlord had no notice of any loose or dangerous tiles.

During closing argument, Mr. Fleming argued that the injured plaintiff wanted the jury to believe that everyone else was not telling the truth, including her husband, her medical care providers, and the landlord, but that the jury should somehow believe plaintiff’s version of the story.  The jury returned with a verdict in favor of John’s client, the defendant landlord.

John Fleming defended a homeowner in a slip and fall case, where the injured plaintiff walked through water puddles in the laundry room in the basement several times, falling the third time, and experiencing a significant shoulder injury.  Based on the “open and obvious” doctrine of law, the court granted summary judgment in favor of John’s client, the defendant homeowner.  

John Fleming defended a case where the injured claimant fell on a crack on an asphalt walkway at a retirement living center which had multiple buildings connected by walkways.  The claimant fell on her hip and damaged the existing artificial hip, requiring reconstruction and replacement with a new artificial hip.  Medical bills exceeded $100,000.00. The trial judge granted summary judgment in favor of John’s client, the owner of the retirement development, based on the minor nature of the defect involved on the walkway.

John Fleming defended a laundromat business, in a case involving a customer who slipped on tracked in water from ice, slush, and snow at the entrance way to the business.  The trial court granted summary judgment in favor of John’s client, based on the Illinois doctrine involving a “natural accumulation” of ice and snow.  That law holds that there is generally no duty when an injured person suffers a slip and fall on rain, snow, or ice that naturally falls from the sky.

Attorneys

Litigation Success

Tazewell County, Illinois – Examination Under Oath (“EUO”) – House Fire

John P. Fleming investigated a claim involving a house fire at a home that the truck driver homeowner only lived in 2 days out of every month, and...

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U.S. District Court – Mediation – Police Shooting

John Fleming represented one of the police officers and police departments in a case involving the shooting death of a driver who was fleeing the...

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Contact

Tel.  309.676.7657
Fax.  309.676.8776
info@FlemingLawPeoria.com

411 Hamilton Boulevard, Suite 1518
Peoria, IL 61602

Practice Areas Include

Alternative Dispute Resolution

    Arbitration

    Mediation

Appellate Work

Assault & Battery

Automobile Accident Liability

Bad Faith & Section 155 Claims

Civil Rights Claims – Defense

Complex Injury

Contractor Liability

Declaratory Judgments

Diminution in Value

Dog Bite/Animal Control Act & Animals Running At Large

Dram Shop Act

Emotional Distress Claims

Examinations Under Oath (EUO)

Federal Civil Practice

Firefighters & EMT Liability

General Civil Defense

General Trial Practice

Insurance Coverage Disputes

Insurance Defense

Insurance Law

Interpleader

Judicial Settlement Conferences

Jury Specialists

Liquor Liability

Municipal Liability

Municipal Officers

Negligence

Nursing Home Defense

Personal Injury & Wrongful Death

Police Officer Liability

Policy Coverage Analysis

Premises Liability

Premises Security Claims

Probate Approvals for Minors and Estates

Products Liability

Professional Liability

Property Damage Cases and Claims

Settlement Review

Sewer Back-up and Overflow Claims

Slip and Fall

Sports Injuries and Sport Liability Claims

Survival Action Claims

Trip and Fall

Uninsured/ Underinsured Motorist Claims

Utilization Review and Evaluation of Medical Billing Practices

Willful & Wanton Claims

Wrongful Death Claims

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