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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?

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.

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Attorney answers 8

Posted

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-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

Posted

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.

Posted

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.

Posted

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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Asker

Posted

Yes I have an Attorney however, we knew it was going to be a difficult case however, my attorney decided to send an associate that has only been with his firm for 6 months so I'm a little aggravated to say the least. He has worked on this case for 2 yrs and then to send someone else in front of the judge just really bothers me. I feell like he had given up the fight.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Possible, but without knowing the file can't opine.

Posted

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.

Asker

Posted

Thank you for your advise and time.

Posted

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. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Posted

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

Asker

Posted

I saw where you had prevailed on a case against WalMart. Wish you were here in Chicago.

Posted

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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