Shoemaker v. Rush-Presbyterian-St. Luke's Medical Center

In Shoemaker v. Rush-Presbyterian-St. Luke's Medical Center, 187 Ill. App. 3d 1040, 543 N.E.2d 1014, 135 Ill. Dec. 446 (1989), Sharon Shoemaker brought suit against Rush-Presbyterian-St. Luke's Medical Center (Rush) after falling while exiting an elevator in one of Rush's buildings. Shoemaker, 187 Ill. App. 3d at 1041. Ms. Shoemaker fell on a natural accumulation of water that had been tracked in from outside. Shoemaker, 187 Ill. App. 3d at 1041. The trial court granted summary judgment in favor of Rush, finding that it owed her no duty to remove the natural accumulations of water upon which she slipped. Shoemaker, 187 Ill. App. 3d at 1042. On appeal, the appellate court noted that an elevator is considered a common carrier and, as such, that the operator owed Ms. Shoemaker the highest degree of care when she was in the act of alighting from the elevator. Shoemaker, 187 Ill. App. 3d at 1045. The appellate court held, though, that notwithstanding the highest duty of care, the carrier has "no duty to clean up natural accumulations of water." Shoemaker, 187 Ill. App. 3d at 1045, citing Serritos, 153 Ill. App. 3d 265, 505 N.E.2d 1034, 106 Ill. Dec. 243. Accordingly, the appellate court affirmed the grant of summary judgment in favor of Rush. Shoemaker, 187 Ill. App. 3d at 1046.