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Illinois Bell Telephone Company v. Industrial Commission

546 N.E.2d 603, 131 Ill. 2d 478, 137 Ill. Dec.658 (1989)

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Illinois Bell Telephone Company v. Industrial Commission

Illinois Supreme Court
546 N.E.2d 603, 131 Ill. 2d 478, 137 Ill. Dec.658 (1989)

Facts

Mary R. Conoboy (plaintiff) was an employee of Illinois Bell Telephone Company (Illinois Bell) (defendant) at its location on the second floor of the Woodfield Shopping Mall. While leaving work one day, Conoboy took the nearest escalator to the mall’s first level. As Conoboy approached one of the mall’s approximately 10 exits, she slid on the slippery waxed floor, injuring her knee. Although the mall was closed at the time of Conoboy’s injury, the area where she fell was a common area open to the public during the mall’s business hours. As a mall tenant, Illinois Bell had to pay a pro rata share of expenses for maintaining the common area, but the mall was responsible and had sole discretion for the maintenance of the common area. Conoboy was not required to use a certain exit to leave the mall, and she had used other mall entrances and exits to leave work in the past. The Industrial Commission allowed Conoboy’s claim. Illinois Bell appealed, the circuit court affirmed, and the appellate court reversed. The appellate court then certified that a substantial question of law existed, and the Illinois Supreme Court granted Conoboy’s petition for leave to appeal.

Rule of Law

Issue

Holding and Reasoning (Stamos, J.)

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