1Accordingly, we refer to points raised in Hartman's brief as those raised by defendants.
July 25, 2008
DONALD E. FLIGHT, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County.
v. ) No. 04 L 2729
AMERICAN COMMUNITY MANAGEMENT, INC., )
WESTGATE VALLEY TOWNHOMES )
CONDOMINIUM ASSOCIATION, and HARTMAN )
AND SONS LANDSCAPING, INC., ) The Honorable
) Elizabeth M. Budzinski,
Defendants-Appellees. ) Judge Presiding.
PRESIDING JUSTICE FITZGERALD SMITH delivered the opinion of the court:
In this slip and fall personal injury action, plaintiff Donald Flight appeals from a grant of
summary judgment in favor of defendants American Community Management, Inc., Westgate
Valley Townhomes Condominium Association, and Hartman & Sons Landscaping, Inc. On
appeal, he contends the circuit court improperly based its ruling on the Snow and Ice Removal
Act (Act) (745 ILCS 75/0.01 et seq. (West 2006)), which he claims is in derogation of the
common law. Defendant Hartman & Sons Landscaping, Inc. (Hartman), has filed one response
brief and defendants American Community Management, Inc., and Westgate Valley Townhomes
Condominium Association have filed a separate response adopting Hartman's.1 We affirm.
Plaintiff was an owner and resident of a condominium in the Palos Heights, Illinois,
subdivision of Westgate Valley Townhomes. Defendant Westgate Valley Townhomes
Condominium Association (Association) was an organization of the condominium owners,