# Appellate Court Reverses Trip and Fall Summary Judgment | Therman Law Offices ![Charles N. Therman](https://www.choosecharlie.com/wp-content/uploads/2026/10/charles-therman-reviewed-by-2026-10-200x300.jpg)Reviewed by[Charles N. Therman](https://www.choosecharlie.com/our-team/charles-therman/)Principal Attorney & Founder, Therman Law OfficesIllinois attorney since 2000April 18, 2025[Contact Us](https://www.choosecharlie.com/contact-us/) One of the most common types of injuries that Chicago residents experience are slip and fall accidents. As seasoned Illinois slip and fall lawyers, we have reviewed many cases involving these accidents and know exactly what it takes to ensure that you receive the full amount of compensation that you are owed. One of the most difficult aspects of any trip and fall case is determining whether the defect that caused your injury was a defect that the defendant should have either addressed or warned against. ![Charles N. Therman](https://www.choosecharlie.com/wp-content/uploads/2026/10/charles-therman-reviewed-by-2026-10-200x300.jpg)Reviewed by[Charles N. Therman](https://www.choosecharlie.com/our-team/charles-therman/)Principal Attorney & Founder, Therman Law OfficesIllinois attorney since 2000April 18, 2025[Contact Us](https://www.choosecharlie.com/contact-us/) A recent [lawsuit](https://www.illinoiscourts.gov/Resources/fb28f281-b56f-4d12-8cd8-9db6065ecf99/1170168.pdf) highlights the importance of this issue. The plaintiff alleged that she suffered injuries after stepping into a pothole located in a parking lot, resulting in a fall. The plaintiff brought a lawsuit against the purported owners of the parking lot, an LLC and a Corporation. The plaintiff claimed that the defendants failed to maintain the parking lot and failed to provide a warning against the pothole. Both defendants filed a motion for summary judgment, which asks the court to conclude that there are no factual disputes and that the party bringing the motion is entitled to judgment in its favor. ![Quick Responses. Big Results](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_1_desktop.webp) [Quick Responses. Big Results](/contact-us/) In their motion, the defendants argued that the pothole was de minimis and that it did not rise to the level of a defect for the plaintiff’s claim. More specifically, the defendants stated that any defect that is under two inches tall cannot be considered an actionable defect in a premises liability case. The defendants offered testimony from the owner of both the LLC and the Corporation. In his testimony, he alleged that the pothole was roughly half an inch. The trial court took this statement of fact as uncontroverted. ![30 Day Full Investigation](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_2_desktop.webp) [30 Day Full Investigation. No Cost, No Obligation.](/contact-us/) The lower court granted the motion, entering a judgment on behalf of the defendants. The plaintiff appealed. On review, the appellate court reversed, finding that evidence in the record created a factual dispute about the height of the pothole. The plaintiff testified that although she was not sure exactly how deep the pothole was, the pothole was large enough for the two-inch heels she was wearing to become stuck in the pothole. Additionally, the appellate court challenged the sufficiency of the owner’s testimony, which did not explain how he reached the conclusion that the pothole was half an inch tall. The appellate court also rejected the defendant’s argument that the pothole was of a de minimis nature and not actionable. Accordingly, the appellate court reversed the order entering summary judgment in favor of the defendants and remanded the matter for a new trial. ![100% Medical Bills Covered](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_3_desktop.webp) [100% of Medical Bills covered for our Clients. Call us Today.](tel:+17738398944) If you have been injured as a result of a careless landowner’s failure to maintain its premises, you may be entitled to compensation. At Therman Law Offices, we have assisted many Chicago victims with reviewing their potential [premises liability](https://www.choosecharlie.com/chicago-il/premises-liability-lawyer/) claims, gathering evidence, retaining expert witnesses, and negotiating with insurance companies. We understand how stressful this situation is for you and your family, especially if your injuries have prevented you from working or engaging in your usual activities and responsibilities. We provide a free consultation to help you learn more about your legal rights and how we can assist you. Call us now at (773) 839-8944 or contact us online to get started. **Related Posts:** ![Tax-Free Money Settlements](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_1_desktop.webp) [Tax-Free Money Settlements for You! Choose Charlie.](/contact-us/) [Illinois Court Clarifies Standard for Claiming Punitive Damages in Negligence Actions](https://www.choosecharlie.com/blog/illinois-court-clarifies-standard-for-claiming-punitive-damages-in-negligence-actions/) [Illinois Appellate Court Upholds Denial of Workers’ Compensation Benefits, Finding that the Injury Did Not Arise from Claimant’s Job Duties](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-denial-of-workers-compensation-benefits-finding-that-the-injury-did-not-arise-from-claimants-job-duties/) [Illinois Appellate Court Upholds Order Compelling Production of Documents in Wrongful Death Action](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-order-compelling-production-of-documents-in-wrongful-death-action/) ![Immediate Financial Help](https://www.choosecharlie.com/wp-content/themes/therman-redesign/assets/app/img/cta_3_desktop.webp) [Immediate Financial Help & Solutions.](/contact-us/) Premises Liability Blog Posts: [### [Court Reverses Summary Judgment on Vicarious Liability](https://www.choosecharlie.com/blog/illinois-appellate-court-reverses-summary-judgment-on-vicarious-liability-claims-in-premises-liability-action-involving-gym/)](https://www.choosecharlie.com/blog/illinois-appellate-court-reverses-summary-judgment-on-vicarious-liability-claims-in-premises-liability-action-involving-gym/) [### [Court Upholds Dismissal of Slip and Fall Accident Lawsuit](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-dismissal-of-slip-and-fall-accident-lawsuit-against-city/)](https://www.choosecharlie.com/blog/illinois-appellate-court-upholds-dismissal-of-slip-and-fall-accident-lawsuit-against-city/) [### [Court Reverses Summary Judgment in Slip and Fall Case](https://www.choosecharlie.com/blog/illinois-appellate-court-reverses-summary-judgment-in-slip-and-fall-case-leading-to-broken-leg/)](https://www.choosecharlie.com/blog/illinois-appellate-court-reverses-summary-judgment-in-slip-and-fall-case-leading-to-broken-leg/) [### [Appellate Court Affirms Dismissal of Case Based on Injury](https://www.choosecharlie.com/blog/illinois-appellate-court-affirms-dismissal-of-premises-liability-case-based-on-injury-at-popular-music-festival/)](https://www.choosecharlie.com/blog/illinois-appellate-court-affirms-dismissal-of-premises-liability-case-based-on-injury-at-popular-music-festival/) --- Source: https://www.choosecharlie.com/blog/illinois-appellate-court-reverses-summary-judgment-for-defendants-in-parking-lot-trip-and-fall-case/