Ford v. Round Barn True Value, Inc.

              NO. 4-06-1008 Filed Eff. 9/5/07
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
SHANNON W. FORD,
Plaintiff-Appellant,
v.
ROUND BARN TRUE VALUE, INC., d/b/a
SUNNYCREST TRUE VALUE; BODY FIRM,
INC., d/b/a GOLD'S GYM; and DANIEL
MARK McCULLEY, d/b/a GOLD'S GYM,
Defendants-Appellees.
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Appeal from
Circuit Court of
Champaign County
No. 05L243
Honorable
Jeffrey B. Ford,
Judge Presiding.
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JUSTICE TURNER delivered the opinion of the court:
In October 2005, plaintiff, Shannon W. Ford, filed a
three-count negligence suit against defendants, Round Barn True
Value, Inc., doing business as Sunnycrest True Value (True
Value); Body Firm, Inc., doing business as Gold's Gym; and Daniel
Mark McCulley, doing business as Gold's Gym (Body Firm and
McCulley are hereinafter collectively referred to as Gold's Gym),
for his injury sustained in True Value's parking lot after he had
worked out at Gold's Gym. In January 2006, Gold's Gym filed a
motion to dismiss plaintiff's complaint pursuant to section 2-619
of the Code of Civil Procedure (Procedure Code) (735 ILCS 5/2-619
(West 2004)). After a March 2006 hearing, the trial court
granted Gold's Gym's motion to dismiss. In June 2006, True Value
filed a motion for summary judgment. After an October 2006
hearing, the court granted summary judgment in favor of True
Value.