McIlroy v. Gibson's Apple Orchard

[¶ 1] James M. Mellroy appeals from the entry of a summary judgment in the Superior Court (Oxford County, Clifford, J.) in favor of defendant Gibson’s Apple Orchard. The issue is whether the court erred when it concluded that a jury would have to engage in speculation to find that a roadside sign advertising Gibson’s proximately caused Mcllroy’s motorcycle accident. We conclude that a jury could rationally find that the sign proximately caused the accident and we therefore vacate the judgment.

I. FACTS AND PROCEDURE

[¶ 2] We present the facts in the light most favorable to Mellroy as the…