Reda Obtained Summary Judgment, Affirmed on Appeal

Michael Reda of HeplerBroom and Nicholas Bart of Adler, Murphy & McQuillen in Chicago, obtained summary judgment in favor of their client, an architect who designed assisted living facilities. The plaintiff, an employee of the facility, alleged she injured her back when she slipped and fell while assisting a resident at the facility go to the bathroom. Plaintiff alleged that certain grab bars in the resident’s bathroom were negligently installed and that the room itself was negligently designed. Suit was filed in Madison County, Illinois. On behalf of our client, we filed a Motion for Summary Judgment arguing that the architect properly discharged any duty it might have owed to the plaintiff and any other user of the facility when it designed the facility in accordance with the requirements of its contract with the facility owner and in compliance with the applicable codes and regulations governing assisted living facilities. The trial court found that there was no dispute that the design of the bathroom complied with all requirements for assisted living centers set forth in the APA, the Illinois Accessibility Code, the 1999 BOCA Code and all the requirements of the Illinois Department of Public Health and that the grab bar at issue met the requirements in terms of location, diameter, and finish. Accordingly, the trial court (Judge Barbara Crowder) granted summary judgment. The Fifth District Court of Appeals affirmed.