Evidence is insufelent to prove negligence if the conclusion its merely possible.


Maletich v PT Ferro Coast Co, No. 3-08-0104; 2009 WL 910814 (3d 0 2009)

On April 1, 2009, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County which granted summary judgment for the defendants after concluding that no genuine issue of material fact existed to establish negligence on the part of the defendants.

On August 10, 2004, the decedent went to a print shop located at a plaza where the parking lot was under construction. The old pavement had been removed, but the parking lot had not been repaved. The decedent fell as she reached the print shop, and died eleven days later from head injuries allegedly caused by the fall. Three employees at the plaza, who interacted with the decedent after the fall, testified that she did not tell them what actually caused her to fall. The decedent used a cane outside of the house, had difficulty with balance and a history of falling, and had been diagnosed with tremors, early Alzheimer's, and macular degeneration. The decedent's son brought a negligence suit against the construction company and the owner of the plaza.

After discovery, the defendants moved for summary judgment on the basis that "there was insufficient evidence of proximate cause to connect any...

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