Kotecki v. Walsh Construction Co.

Plaintiff appeals an order granting summary judgment for defendants Walsh Construction Company and Home Depot, Inc. Plaintiff argues that the trial court erred in granting summary judgment because section 414 of the Restatement (Second) of Torts (Restatement (Second) of Torts § 414 (1965)) and section 2 of the Premises Liability Act (the Act) (740 ILCS 130/2 (West 2000)) established a duty of care in this case. We disagree and affirm the summary judgment order of the trial court.

Plaintiff filed a two-count complaint against defendants on January 22, 1998, for injuries arising out of a…