I had lost a summary judgement to WalMart on a slip and fall case. The Judge said that they were not liable. Could I appeal?

Asked over 1 year ago - Chicago, IL

All on tape. However no Walmart Employee saw the spill except one manager walked the isle 22 seconds before the spill happened and then a little under 6 seconds is when I walked and fell from the spill that another customer dropped a bottle and placed back on the shelf.

Attorney answers (8)

  1. Joshua Sachs

    Contributor Level 19

    9

    Lawyers agree

    Answered . Technically it is very likely that you can appeal. Whether you can do so successfully is difficult to say. Just in general a summary judgement may be somewhat more open to challenge on appeal than some other dispositions, but it will still be a difficult and probably rather expensive exercise, and it can easiily take a year or two. If you manage to prevail on appeal the most likely result is that the case would be remanded to the trial court for further proceedings, so success on the appeal would probably only mean winning a battle and not would not be the end of the war.

    As all of my colleagues have pointed out, there are short deadlines within which an appeal has to be initiated. Typically in Illinois a notice of appeal must be filed in the trial court within thirty days of the order or judgment from which the appeal is taken. Blow the deadline and the future of your appeal is in serious jeopardy.

  2. Judy A. Goldstein

    Contributor Level 20

    8

    Lawyers agree

    Answered . You can appeal if you are able to find an attonrey willing to take your case. The appeals will be very expensive and will take a long time and your chances of winning are not good.

  3. George Costas Andriotis

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . It appears that the Walmart employees followed protocol and that there's nothing else they could've done to protect you.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . Yes, retain one of the above lawyers in your state.

  5. Matthew C Simon

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . You need to speak with a personal injury attorney IMMEDIATELY. There are strict time restrictions to Appeal.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  6. Jeffrey Mark Adams

    Contributor Level 20

    5

    Lawyers agree

    Answered . Did you have an attorney?

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  7. Andrew Daniel Myers

    Contributor Level 20

    4

    Lawyers agree

    Answered . You 'can' appeal the loss of a motion for summary judgment by filing the correct paperwork before the very short deadline after the ruling. But, challenge # 1 is following up in strict compliance with the rules regarding appellate procedure. Challenge # 2: courts generally don't like to decide negligence cases as a matter of law, but slip and fall liability is not established easily. Here's why: [BLUE LINK BELOW]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  8. Stephen R. Chesley

    Contributor Level 8

    2

    Lawyers agree

    Answered . You may appeal. Same are generally costly and there may be time constraints inwhich you must file a notice of appeal after the initial decision is rendered. If you can find an attorney to file an appeal on your behalf, you may be asked to incurr costs.

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