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C3 Presents Wins Lolla Appeal
The ruling appears to exhaust appeals by Magdalena Rozowicz, who sued C3 alleging negligence after she fell in wet and muddy conditions during the 2011 festival in Grant Park, according to the Cook County Record.
In an unpublished order issued Sept. 5, the panel upheld a trial court’s opinion “there was nothing unreasonably dangerous about the existence of mud at an outdoor concert.” Rozowicz appealed that court’s ruling.
But Simon, in issuing the appellate court’s decision, said the burden of proof fell to Rozowicz to show that C3 Presents was responsible by committing a breach of duty that resulted in her injuries, adding that the muddy conditions were “open and obvious.”