Gilley v. Kiddel

              No. 2--06--0505 Filed 3-21-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
RHONDA GILLEY, ) Appeal from the Circuit Court
) of Winnebago County.
Plaintiff-Appellant, ))
v. ) No. 03--L--133
)
GERALD KIDDEL, ) Honorable
) Timothy R. Gill,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE BYRNE delivered the opinion of the court:
Plaintiff, Rhonda Gilley, appeals from the involuntary dismissal (735 ILCS 5/2--619(a)(9)
(West 2004)) of her amended complaint for negligence against defendant, Gerald Kiddel. The
complaint was based on injuries plaintiff sustained when she fell down the stairs inside an apartment
owned by defendant and leased to plaintiff's boyfriend, Roland Shipman. We affirm.
According to the discovery depositions of plaintiff, defendant, and Shipman, the following
evidence was adduced. Shipman and two roommates leased the premises from October 2001 until
June 2003. The stairs where the fall occurred were within the leased premises. Shipman testified
that he inspected the premises before he moved in and did not notice a problem with the carpeting
on the stairs. Several weeks after moving in, Shipman stapled the carpeting to the stairs "just for
more grip." Shipman testified that both he and others had fallen on the stairs prior to plaintiff's fall.