Illinois Attorneys Obtain Dismissal in Wrongful Death Action

Chicago Partner Alan M. Bernover and Attorney Sarah V. Bourdet recently obtained a dismissal with prejudice of a wrongful death action brought by the parents of a deceased minor stemming from a tragic drowning in a condominium complex retention pond in June 2021. This action, brought by the parents of the deceased minor, was pending in the Circuit Court of Cook County, asserting actions against our client, an individual homeowner’s association, as well as against another individual homeowner’s association, the master homeowner’s association, the property manager for the master association and multiple residential developers with an ownership interest in an adjacent parcel of real estate.

The deceased minor’s estate alleged that a nearby fence was in disrepair and Defendants should have protected against unsuspecting minors gaining access to a retention pond on the premises. Defendants, separately and collectively, argued that Illinois law expressly provides that the retention pond was a large body of water constituting an open and obvious condition for which they owed no duty to the deceased minor, or his parents, to guard against.

Our Chicago attorneys, Alan and Sarah, concur that the underlying drowning death of a minor child was an absolute tragedy. Our attorneys argued that the civil action brought against Defendants was wholly without merit and contrary to establish Illinois case law precedent. The Cook County Circuit Court Judge agreed, granting a motion to dismiss parents’ wrongful death action brought on behalf of their child’s estate.

Alan Bernover focuses his practice on insurance defense litigation in the areas of catastrophic personal injury and wrongful death, construction negligence, commercial litigation relating to labor and employment disputes, and professional malpractice. He has represented clients in arbitrations and in numerous jury trials to verdict in state courts throughout Illinois.

Sarah Bourdet represents clients in personal injury cases involving construction, products, toxic torts and transportation. She also handles personal property and business property damage cases, and general liability and professional liability claims.