United States District Court, N.D. Illinois, Eastern Division
November 9, 2005.
GUILLERMINA SANCHEZ, Plaintiff,
UNITED STATES OF AMERICA, et al., Defendants.
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
Beautify Professional Service Corporation ("Beautify") has
filed its Answer and Affirmative Defenses ("ADs") to the
slip-and-fall personal injury Complaint brought against it and
the United States by Guillermina Sanchez ("Sanchez"). This
memorandum order is issued sua sponte because of a potentially
dispositive issue raised by Beautify's AD 2.
Sanchez' Count III ¶ 3 (like other allegations in the Complaint
identifies the occurrence that forms the gravamen of her claims
a slip and fall on what she says was an unreasonably slippery
lobby floor in the United States Post Office facility at
211 South Clark Street, Chicago as having taken place on October
25, 2002. This action was not brought until July 22, 2005, and
Beautify's AD 2 points to the Illinois two-year statute of
limitations for personal injury actions (ILCS 5/13-202) as
barring Sanchez' claim on timeliness grounds.
Accordingly Sanchez' counsel is ordered to file, on or before
November 21, 2005, a brief memorandum explaining the basis on which this action may nonetheless proceed against Beautify
(this order does not bear on Sanchez' claim against the United
States under the Federal Tort Claims Act, as to which the United
States has not yet filed a responsive pleading). This action is
set for an initial status hearing at 9 a.m. November 28, 2005, at
which time counsel for all parties are expected to attend.
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