Simmons v. American Drug Stores, Inc.

PRESIDING JUSTICE COHEN

delivered the opinion of the court:

Plaintiff filed a personal injury action against defendants American Drug Stores, Inc., d/b/a Oseo, B&N Realty Corp., and Jack Zimmerman, an agent of B&N Realty Corp., for injuries plaintiff sustained when he fell while exiting an Oseo store. The trial court granted summary judgment in favor of defendants. Plaintiff appeals, contending that: (1) the danger presented by certain “cartnapper” barriers was not open and obvious; (2) even if the danger was open and obvious, plaintiff was distracted at the time he fell; and (3) plaintiff was…