Gilley v. Kiddel

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 plaintiffs 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…