 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Mann v. Producer's Chemical Co.2/15/2005
age is still technically a minor, a 16-year-old is not "a young child" as discussed in Bell. Nor has the plaintiff cited a case to support treating a 16-year-old as a five-year-old under the law. See generally Toney v. Mazariegos, 166 Ill. App. 3d 399, 519 N.E.2d 1035 (1988) (discussion of the tender years doctrine applicable to children under the age of seven).
While the incident in this case is certainly unfortunate, the irrepressible fact is there is not enough evidence available to establish that "the only probable, not merely possible, conclusion that can be drawn" (Wiegman, 308 Ill. App. 3d at 796) is Mann relied on Bartow's signal and, without reliance, there is no causation. Because causation is a necessary element to a negligence action, the failure of proof on that point defeats the plaintiff's claim as to these defendants. Summary judgment was therefore proper.
CONCLUSION
Consistent with the holding of the trial court, we hold that where nonreliance by Mann of the alleged "wave" by Bartow is just as probable as reliance by Mann of the alleged wave in crossing the street, the conclusion that there was reliance on the alleged wave is a matter of speculation, surmise and conjecture and a trier of fact is not permitted to so conclude. See Wiegman, 308 Ill. App. 3d 795-96.
For the foregoing reasons, the judgment of the trial court is affirmed.
Affirmed.
BURKE, P.J., and WOLFSON, J., concur.
Page 1 2 3 4 5 6 7 8 9 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|