Process Serw/Shefilf

2120 - Served > > 2121 - Served

2220 - Not Served 2221 - Not Served

2320 - Served By Mail 2321 - Served By Mail

2420 - Served By Publication 2421 - Served By Publicati6?i^R • — -1

Summons - Alias Summons

MAR 0 3 2020

(06/28/18; CCG 0001 N2

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

8

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Ruth O'Neill

5

Q- 2020L001977 (Name all parties) Case No. _________

Please serve: Walm

702 S

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CO V. art Associates, Inc.

kV 8th Street

nville, AR 72716

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X) Walmart, Inc., & Walmart Associates, Inc.

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Q 0 SUMMONS □ ALIAS SUMMONS

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To each Defendant: n

YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is hereto attached, or otherwise

file your appearance and pay the required fee within thirty (30) days after service ofthis Summons, not counting the day of service.

To file your answer or appearance you need access to the internet. Please visit www.cookcountvaerkofcourt.ore to initiate this process.

Kiosks with internet access arc available at all Clerk’s Office locations. Please refer to the last page ofthis document for location

information.

If you fail to do so, a judgment by default may be entered against you for the relief requested in the complaint.

To the Officer:

'Phis Summons must be returned by the officer or other person to whom it was given forservice with endorsement of service and fees,

if any, immediately after service. If service cannot be made, this Summons shall be returned so < ndorsed. This Summons may not be

served later than thirty (30) days after its date.

E-filing is now mandatory for documents in civil cases with limited exemptions. To c-fil:, you must first create an account

with an c-filing service provider. Visit https://cfilc.illinoiscourts.gov/scrvicc-providcrs.l tm to learn more and to select a

service provider. Ifyou need additional help or have trouble c-filing, visit http://www.ilhnoiscourts.gov/FAQ/gcthclp.asp.

Witness:

2/18/2020 3:27 PM DOROTHY BROWN

. 34010 Atty. No.: DOROTHY \VN, Clerk of Court

McCready, Garcia, & Lcct, P.C. N*

Atty Name:

Atty. for: _

Address- ^ W. Washington Street, Ste. 1760

Date of Sendee: a o:

(To be inserted fcw^kf „

or other person): ^

. Plaintiff

iy left with Defendant

City: r-hic^» IL

60602

State:

Zip:

Telephone:

Primary Email:

Secondary Email:

Tertiary Email:

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois

Page 1 of 2

773-779-9885

semce@mccreadylaw.com

Jess@mccreadylaw.com

Gianna@mccreadylaw.com

cookcountyclerkofcourt.org

Exhibit A

Case: 1:20-cv-02373 Document #: 1-2 Filed: 04/17/20 Page 1 of 10 PageID #:7
CLERK OF THE CIRCUIT COURT OF COOK COUNTY OFFICE LOCATIONS

c Richard J Daley Center

50 W Washington

Chicago, IL 60602

District 2 - Skokie

5600 Old Orchard Rd

Skokie, IL 60077

District 3 - Rolling Meadows

2121 Euclid

Rolling Meadows, IL 60008

District 4 - Maywood

1500 Maybrook Ave

Maywood, IL 60153

District 5 - Bridgcvicw

10220 S 76th Ave

Bridgeview, IL 60455

District 6 - Markham

16501 S Kedzic Pkwy

Markham, IL 60428

Domestic Violence Court

555 W Harrison

Chicago, IL 60607

Juvenile Center Building

2245 W Ogden Ave, R^ 13

Chicago, IL 60602

Criminal Court Building

2650 S California Ave, Rm 526

Chicago, IL 60608

Domestic Relations Division

Richard] Dale}

50 W Washing! an, Rm 802

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Civil Appeals

Richard J Dale)

50 W Washington, Rm 801

Chicago, IL 60< i02

Hours: 8:30 am - 4:30 pm

Criminal Depai tment

Richard J Daley Center

50 W Washingt an, Rm 1006 

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

County Division

Richard J Dale)

50 W Washingt Dn, Rm 1202

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Probate Divisic n

Richard] Dale) Center

50 W Washington, Rm 1202

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Law Division

Richard] Dale)

50 W Washingt an, Rm 801

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Traffic Divisior

Richard] Dale)

50 W Washingt m. Lower Level

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

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Daley Center Divisions/Departments

Civil Division

Richard J Daley Center

50 W Washington, Rm 601 

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Chancery Division

Richard J Daley Center

50 WWashington, Rm 802

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Center

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois

Page 2of 2

cookcountyclerkofcourt.org

Case: 1:20-cv-02373 Document #: 1-2 Filed: 04/17/20 Page 2 of 10 PageID #:8
FILED

2/18/2020 3:27 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

IN THE CIRCUIT COURT OF COOK COUNTY,

COUNTY DEPARTMENT -LAW DIVISI

ILLINOIS

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Ruth O'Neill, )

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Plaintiff, )

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Walmart, Inc., &

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u. COMPLAINT

NOW COMES the Plaintiff, Ruth O'Neill, by and through her attorneys. The Law Offices

of McCready, Garcia & Leet, P.C., and in her complaint against the Defendants, Walmart, Inc.,

and Walmart Associates, Inc., states as follows:

COUNT I- O’Neill v. Walmart In^

1. That on or about February 25, 2018, Defendant, WALMART, vas a corporation that

possessed, operated, managed, maintained and controlled or had a duty to possess,

operate, manage, maintain or control, both directly and indireci ly, individually and

through its agents, servants and employees, the premises located at or near 7050 S Cicero

Ave, Bedford Park, Stale of Illinois.

2. That on or about February 25, 2018, Plaintiffwas an intended and permitted user of

Defendant’s premises located at or near 7050 S Cicero Ave, Bedford Park, State of

Illinois.

Page 1 of 8

Case: 1:20-cv-02373 Document #: 1-2 Filed: 04/17/20 Page 3 of 10 PageID #:9
3. That on or about February 25, 2018, Plaintiffwas legally and 1 iwfully loading her parked

hS car on Defendant’s premises when she stepped onto uneven, broken and crumbled O

3 asphalt, which caused her to fall and suffer injuries. O

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Q- 4. That on or about February 25, 2018, it was the duty ofthe Defendant, WALMART, CM

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3 individually and by and through its agents, servants and employees in its behalfto o

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s exercise reasonable care and caution in and about the ownership, operation, management, LU

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a maintenance and control ofthe aforesaid premises, so that the same would be in good, a

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safe and proper condition for persons legally and lawfully on and upon said area to use Uand walk upon, and so as not to cause harm and injury to such persons.

5. That on or about February 25, 2018, Defendant, WALMART, well knowing its duty in

this regard, carelessly and negligently caused and permitted sa: d premises to become and

remain in a dangerous condition for persons using said premist s, although the Defendant

knew, or in the exercise ofordinary and reasonable care shouk have known, ofsaid

dangerous condition.

6. That on or about February 25, 2018, Defendant, WALMART, ndividually and by and

through its agents, servants and employees in its behalf, was in violation of its duty and

then and there guilty ofone or more ofthe following careless e nd negligent acts and/or

omissions:

a. Improperly operated, managed, maintained and control ed the aforesaid premises

so that as a direct and proximate result thereof, the Plai itiffwas injured;

Page 2 of8

Case: 1:20-cv-02373 Document #: 1-2 Filed: 04/17/20 Page 4 of 10 PageID #:10
b. Failed to make a reasonable inspection ofthe aforesaid premises when Defendant

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knew or should have known, that said inspection was necessary to prevent injury

to the Plaintiff and others; CN

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warning was necessary to prevent injuiy to the Plaintiff and others; tCN

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F-<o d. Failed to properly barricade and/or block offsaid prem ses where the uneven,

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broken and crumbled asphalt was located, and thus exposing Plaintiff and others Li.

to the dangerous condition;

e. Failed to properly Fix the uneven, broken and crumblec asphalt when the

Defendant knew or in the exercise ofordinary care sho ild have known that the

uneven, broken and crumbled asphalt created a hazardc us condition for the

Plaintiff;

f. Was otherwise negligent on the said premises.

7. That on or about February 25, 2018, and as a result ofthe aforesaid acts and/or omissions

ofthe Defendant, WALMART, the Plaintiffwas caused to fall when she stepped onto the

uneven, broken and crumbled asphalt.

8. That as a direct and proximate result ofone or more ofthe aforesaid careless and

negligent acts and/or omissions ofthe Defendant, the Plaintiff :hen and there sustained

severe and permanent injuries, both internally and externally, £ nd will be hindered and

prevented from attending to usual duties and affairs and has lost, and will in the future

Page 3 of8

Case: 1:20-cv-02373 Document #: 1-2 Filed: 04/17/20 Page 5 of 10 PageID #:11
lose, the value ofthat time as aforementioned. Plaintiff also su Tered great pain and

hO anguish, both in mind and body, and will in the future continue to suffer. Plaintifffurther O

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expended and became liable for, and will expend and become iable for, large sums of CV4

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a money for medical care and services endeavoring to become h ;aled and cured ofsaid

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CN WHEREFORE, Plaintiffprays forjudgment against Defendan :, WALMART, in a dollar LU

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D amount that satisfies the jurisdictional limitation ofthis court and such additional a

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amounts as the jury and Court shall deem proper and, addition. illy, costs ofsaid suit. U_

COUNT II- O’Neill v. Walmart Associates

9. That on or about February 25, 2018, Defendant, WALMART ASSOCIATES, was a

corporation that possessed, operated, managed, maintained and controlled or had a duty

to possess, operate, manage, maintain or control, both directly and indirectly, individually

and through its agents, servants and employees, the premises located at or near 7050 S

Cicero Ave, Bedford Park, State ofIllinois.

10. That on or about February 25, 2018, Plaintiffwas an intended ind permitted user of

Defendant’s premises located at or near 7050 S Cicero Ave, Bedford Park, State of

Illinois.

11. That on or about February 25, 2018, Plaintiff was legally and lawfully loading her parked

car on Defendant’s premises when she stepped onto uneven, b oken and crumbled

asphalt, which caused her to fall and suffer injuries.

12. That on or about February 25, 2018, it was the duty ofthe Def mdant, WALMART

ASSOCIATES, individually and by and through its agents, servants and employees in its

Page 4 of8

Case: 1:20-cv-02373 Document #: 1-2 Filed: 04/17/20 Page 6 of 10 PageID #:12
behalfto exercise reasonable care and caution in and about the ownership, operation,

05 management, maintenance and control ofthe aforesaid premises, so that the same would O

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3 be in good, safe and proper condition for persons legally and lawfully on and upon said

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knowing its duty in this regard, carelessly and negligently caus ed and permitted said LU

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D premises to become and remain in a dangerous condition for persons using said premises.

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Li- although the Defendant knew, or in the exercise ofordinary and reasonable care should

have known, ofsaid dangerous condition.

14. That on or about February 25, 2018, Defendant, WALMART ASSOCIATES,

individually and by and through its agents, servants and employees in its behalf, was in

violation ofits duty and then and there guilty ofone or more o the following careless

and negligent acts and/or omissions:

a. Improperly operated, managed, maintained and control ed the aforesaid premises

so that as a direct and proximate result thereof, the Plaiitiffwas injured;

b. Failed to make a reasonable inspection ofthe aforesaid premises when Defendant

knew or should have known, that said inspection was necessary to prevent injury

to the Plaintiffand others;

c. Failed to warn the Plaintiffofthe dangerous condition jfsaid premises when the

Defendant knew, or in the exercise ofordinary care she uld have known, that said

warning was necessary to prevent injury to the Plaintif 'and others;

Page 5 of8

Case: 1:20-cv-02373 Document #: 1-2 Filed: 04/17/20 Page 7 of 10 PageID #:13
d. Failed to properly barricade and/or block offsaid prem ises where the uneven,

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uneven, broken and crumbled asphalt created a hazardc us condition for the T—

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f. Was otherwise negligent on the said premises. LL

15. That on or about February 25, 2018, and as a result ofthe aforesaid acts and/or omissions

ofthe Defendant, WALMART ASSOCIATES, the Plaintiffw is caused to fall when she

stepped onto the uneven, broken and crumbled asphalt.

16. That as a direct and proximate result of one or more ofthe afo esaid careless and

negligent acts and/or omissions ofthe Defendant, the Plaintiffthen and there sustained

severe and permanent injuries, both internally and externally, and will be hindered and

prevented from attending to usual duties and affairs and has lost, and will in the future

lose, the value ofthat time as aforementioned. Plaintiff also su Tered great pain and

anguish, both in mind and body, and will in the future continue to suffer. Plaintifffurther

expended and became liable for, and will expend and become iable for, large sums of

money for medical care and services endeavoring to become h ;aled and cured ofsaid

injuries.

WHEREFORE, Plaintiffprays forjudgment against Defendan , WALMART

Page 6 of8

Case: 1:20-cv-02373 Document #: 1-2 Filed: 04/17/20 Page 8 of 10 PageID #:14
ASSOCIATES, in a dollar amount that satisfies the jurisdictional limitation ofthis court

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O) and such additional amounts as the jury and Court shall deem proper and, additionally, o

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costs ofsaid suit.

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Michael P. McCready

Counselfor Plaintiff

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UMcCready, Garcia & Leet, P.C.

111 W. Washington Street, Stc. 1760

Chicago, IL 60602

t: (773) 779-9885

f: (773) 779-9190

service@.McCreadvLa\v.com

Page 7 of8

Case: 1:20-cv-02373 Document #: 1-2 Filed: 04/17/20 Page 9 of 10 PageID #:15
RULE 222(B) AFFIDAVIT

h*r^ Michael McCready, having been first duly sworn and upon oaih states as follows: O')

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o I. I would be competent to testify concerning the matters contained in this aiTidavit. O

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2 2. As attorney for Ruth O'Neill, I have reviewed the facts

determined that the total amount ofmoney damages so

$50,000

ofthis case and have

jght is greater than

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U1 Further affiant sayeth naught.

P'

Michael P . McCready

[x] Under penalties as provided by law pursuant to Section 1-109 oft ie Code ofCivil

Procedure, the undersigned certifies that the statements set forth in this instrument are true and

correct, except as to matters therein stated to be on information and be lief and as to such matters

the undersigned certifies as aforesaid that he verily believes the same o be true.

Michael F. McCfreeady

Page 8 of8

Case: 1:20-cv-02373 Document #: 1-2 Filed: 04/17/20 Page 10 of 10 PageID #:16