Kramer v. Weedhopper of Utah, Inc.

I respectfully dissent from the opinion of the court.

As noted by the majority, this case is here on appeal from the eircuit court’s granting of summary judgment. Summary judgment should be granted where there are no genuine issues of material fact and where the pleadings, depositions and other evidence before the court in the motion for summary judgment show that at trial a verdict would have to be directed. (Fooden v. Board of Governors (1971), 48 Ill. 2d 580, 587, 272 N.E.2d 497, cert, denied (1972), 408 U.S. 943, 33 L. Ed. 2d 766, 92 S. Ct. 2847; Pedersen v. Joliet Park District (1985),…