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Construction Law

: Construction Attorney Blog

violation of building code insufficient to establish proximate cause for accident

By Werner Sabo

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The Illinois appellate court in Strutz v. Vicere, 2009 WL 1175107 (1 Dist., April 29, 2009), held that the plaintiff failed to establish proximate cause despite a medical expert who testified that the fall was consistent with a "head-first" type of fall, and an architect expert who testifed that the stairs were unsafe and failed to comply with the code. Nobody had observed the decedent fall down the stairs. There was other testimony that the stairs were in good condition and no one had ever complained about them. Summary judgment in favor of defendants was allowed.

Full post as published by Construction Attorney Blog on May 08, 2009 (boomark / email).

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