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Law Division Motion Section Initial Case Management Dates for CALENDARS (A,B,C,D,E,F,H,R,X,Z) will be heard In Person.
All other Law Division Initial Case Management Dates will be heard via Zoom
For more information and Zoom Meeting IDs go to https.//www.cookcountycourt,org/HOME?Zoom-Links?Agg4906_SelectTab/12
Court Date: 8/15/2024 9:30 AM FILED
6/13/2024 10:34 AM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ
COUNTY DEPARTMENT, LAW DIVISION CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 6/13/2024 10:34 AM 2024L006522
2024L006522
DEBRA DUNN, ) Calendar, E
) 28099419
Plaintiff, )
)
-vs- )
)
WHOLE FOODS MARKET d/b/a WHOLE )
2024L006522
FOODS MARKET GROUP, INC., WHOLE ) Case No.
FOODS MARKET d/b/a WHOLE FOODS )
MARKET MID-ATLANTIC, INC., and WHOLE )
FOODS MARKET d/b/a WHOLE FOODS AT )
1 NORTH HALSTED STREET, CHICAGO, )
ILLINOIS, )
)
Defendants. )
COMPLAINT
NOW COMES the Plaintiff, DEBRA DUNN, by and through her attorneys, SEIDMAN
MARGULIS & FAIRMAN, LLP, and complaining of the Defendants, WHOLE FOODS
MARKET d/b/a WHOLE FOODS MARKET GROUP, INC., WHOLE FOODS MARKET d/b/a
WHOLE FOODS MARKET MID-ATLANTIC, INC., and WHOLE FOODS MARKET d/b/a
WHOLE FOODS AT 1 NORTH HALSTED STREET, CHICAGO, ILLINOIS, (hereinafter
“WHOLE FOODS”), and states:
1. On or about June 17, 2022, the Defendants, WHOLE FOODS, were an Illinois
corporations doing business as Whole Foods grocery store located at 1 North Halsted Street, in the
City of Chicago, County of Cook, State of Illinois.
2. On or about June 17, 2022, at or around 10:00 a.m., the Plaintiff, DEBRA DUNN,
was lawfully on the premises as an Amazon shopper.
3. At all times relevant herein, the Defendants, WHOLE FOODS, individually and by
and through their agents and/or employees, owed a duty to keep the premises in a reasonably safe
condition for the Plaintiff, DEBRA DUNN, and other persons lawfully thereon, and further, not to
create or allow any dangerous conditions to exist on the premises.
FILED DATE: 6/13/2024 10:34 AM 2024L006522
4. On or about June 17, 2022, at or around 10:00 a.m., the Plaintiff, DEBRA DUNN,
was caused to slip and fall on wine on the floor by a wine spillage on the floor caused by the
Defendants, WHOLE FOODS.
5. An agent and/or employee of the Defendants, WHOLE FOODS, dropped and
spilled a bottle of wine on the floor in the liquor department thereby causing the Plaintiff, DEBRA
DUNN, to slip and fall.
6. In violation of their duties previously stated, the Defendants, WHOLE FOODS,
individually and by and through their agents and/or employees, were negligent in one or more of
the following ways in that they:
a. failed to properly keep their floors and walkways of the premises in a
reasonably safe condition;
b. failed to make a reasonable inspection of the premises for hazardous conditions
when they knew of the hazard it posed;
c. failed to take proper precautions to ensure the floor and walkway of the
premises was clear of any spillages;
d. failed to properly maintain the surface of the premises so that individuals such
as the Plaintiff would not slip and fall on a hazardous substance;
e. failed to place a barricade to prevent individuals from walking, slipping upon a
hazardous substance when they knew of the hazard it posed;
f. failed to warn individuals of the hazardous substance when they knew of the
hazard it posed; and
g. failed to properly train its agents and/or employees how to properly clean and
maintain the surface of the premises so that individuals such as the Plaintiff
would not slip and fall on hazardous substances put on the floor by them.
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7. One or more of the aforementioned careless and/or negligent acts and/or omissions
of the Defendants, WHOLE FOODS, was a proximate cause of the aforementioned slip and fall
FILED DATE: 6/13/2024 10:34 AM 2024L006522
sustained by the Plaintiff, DEBRA DUNN.
8. As a direct and proximate result of one or more of the aforementioned careless
and/or negligent acts and/or omissions of the Defendants, WHOLE FOODS, the Plaintiff, DEBRA
DUNN, sustained severe and permanent injuries, suffered great pain and suffering, has incurred
and will continue to incur medical and related expenses, has sustained and will continue to sustain
loss of normal life, has lost wages from work and has become severely and permanently disfigured.
WHEREFORE, the Plaintiff, DEBRA DUNN, prays that this Court enter judgment in her
favor and against the Defendants, WHOLE FOODS MARKET d/b/a WHOLE FOODS MARKET
GROUP, INC., WHOLE FOODS MARKET d/b/a WHOLE FOODS MARKET MID-
ATLANTIC, INC., and WHOLE FOODS MARKET d/b/a WHOLE FOODS AT 1 NORTH
HALSTED STREET, CHICAGO, ILLINOIS, in an amount in excess of the jurisdictional limits,
plus the costs of this suit and any and all other relief this court deems equitable and just.
SEIDMAN MARGULIS & FAIRMAN, LLP
By: /s/ Oliver P. Shindler
Attorney for Plaintiff
Oliver P. Shindler
Seidman Margulis & Fairman, LLP
20 South Clark Street
Suite 700
Chicago, Illinois 60603
(P): (312) 781-1977
(F): (312) 853-2187
oshindler@seidmanlaw.net
Firm No.: 57415
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Preview
Law Division Motion Section Initial Case Management Dates for CALENDARS (A,B,C,D,E,F,H,R,X,Z) will be heard In Person. All other Law Division Initial Case Management Dates will be heard via Zoom For more information and Zoom Meeting IDs go to https.//www.cookcountycourt,org/HOME?Zoom-Links?Agg4906_SelectTab/12 Court Date: 8/15/2024 9:30 AM FILED 6/13/2024 10:34 AM IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ COUNTY DEPARTMENT, LAW DIVISION CIRCUIT CLERK COOK COUNTY, IL FILED DATE: 6/13/2024 10:34 AM 2024L006522 2024L006522 DEBRA DUNN, ) Calendar, E ) 28099419 Plaintiff, ) ) -vs- ) ) WHOLE FOODS MARKET d/b/a WHOLE ) 2024L006522 FOODS MARKET GROUP, INC., WHOLE ) Case No. FOODS MARKET d/b/a WHOLE FOODS ) MARKET MID-ATLANTIC, INC., and WHOLE ) FOODS MARKET d/b/a WHOLE FOODS AT ) 1 NORTH HALSTED STREET, CHICAGO, ) ILLINOIS, ) ) Defendants. ) COMPLAINT NOW COMES the Plaintiff, DEBRA DUNN, by and through her attorneys, SEIDMAN MARGULIS & FAIRMAN, LLP, and complaining of the Defendants, WHOLE FOODS MARKET d/b/a WHOLE FOODS MARKET GROUP, INC., WHOLE FOODS MARKET d/b/a WHOLE FOODS MARKET MID-ATLANTIC, INC., and WHOLE FOODS MARKET d/b/a WHOLE FOODS AT 1 NORTH HALSTED STREET, CHICAGO, ILLINOIS, (hereinafter “WHOLE FOODS”), and states: 1. On or about June 17, 2022, the Defendants, WHOLE FOODS, were an Illinois corporations doing business as Whole Foods grocery store located at 1 North Halsted Street, in the City of Chicago, County of Cook, State of Illinois. 2. On or about June 17, 2022, at or around 10:00 a.m., the Plaintiff, DEBRA DUNN, was lawfully on the premises as an Amazon shopper. 3. At all times relevant herein, the Defendants, WHOLE FOODS, individually and by and through their agents and/or employees, owed a duty to keep the premises in a reasonably safe condition for the Plaintiff, DEBRA DUNN, and other persons lawfully thereon, and further, not to create or allow any dangerous conditions to exist on the premises. FILED DATE: 6/13/2024 10:34 AM 2024L006522 4. On or about June 17, 2022, at or around 10:00 a.m., the Plaintiff, DEBRA DUNN, was caused to slip and fall on wine on the floor by a wine spillage on the floor caused by the Defendants, WHOLE FOODS. 5. An agent and/or employee of the Defendants, WHOLE FOODS, dropped and spilled a bottle of wine on the floor in the liquor department thereby causing the Plaintiff, DEBRA DUNN, to slip and fall. 6. In violation of their duties previously stated, the Defendants, WHOLE FOODS, individually and by and through their agents and/or employees, were negligent in one or more of the following ways in that they: a. failed to properly keep their floors and walkways of the premises in a reasonably safe condition; b. failed to make a reasonable inspection of the premises for hazardous conditions when they knew of the hazard it posed; c. failed to take proper precautions to ensure the floor and walkway of the premises was clear of any spillages; d. failed to properly maintain the surface of the premises so that individuals such as the Plaintiff would not slip and fall on a hazardous substance; e. failed to place a barricade to prevent individuals from walking, slipping upon a hazardous substance when they knew of the hazard it posed; f. failed to warn individuals of the hazardous substance when they knew of the hazard it posed; and g. failed to properly train its agents and/or employees how to properly clean and maintain the surface of the premises so that individuals such as the Plaintiff would not slip and fall on hazardous substances put on the floor by them. 2 7. One or more of the aforementioned careless and/or negligent acts and/or omissions of the Defendants, WHOLE FOODS, was a proximate cause of the aforementioned slip and fall FILED DATE: 6/13/2024 10:34 AM 2024L006522 sustained by the Plaintiff, DEBRA DUNN. 8. As a direct and proximate result of one or more of the aforementioned careless and/or negligent acts and/or omissions of the Defendants, WHOLE FOODS, the Plaintiff, DEBRA DUNN, sustained severe and permanent injuries, suffered great pain and suffering, has incurred and will continue to incur medical and related expenses, has sustained and will continue to sustain loss of normal life, has lost wages from work and has become severely and permanently disfigured. WHEREFORE, the Plaintiff, DEBRA DUNN, prays that this Court enter judgment in her favor and against the Defendants, WHOLE FOODS MARKET d/b/a WHOLE FOODS MARKET GROUP, INC., WHOLE FOODS MARKET d/b/a WHOLE FOODS MARKET MID- ATLANTIC, INC., and WHOLE FOODS MARKET d/b/a WHOLE FOODS AT 1 NORTH HALSTED STREET, CHICAGO, ILLINOIS, in an amount in excess of the jurisdictional limits, plus the costs of this suit and any and all other relief this court deems equitable and just. SEIDMAN MARGULIS & FAIRMAN, LLP By: /s/ Oliver P. Shindler Attorney for Plaintiff Oliver P. Shindler Seidman Margulis & Fairman, LLP 20 South Clark Street Suite 700 Chicago, Illinois 60603 (P): (312) 781-1977 (F): (312) 853-2187 oshindler@seidmanlaw.net Firm No.: 57415 3