Finn v. Dominick's Finer Foods, Inc.

PRESIDING JUSTICE TULLY,

dissenting:

I must respectfully dissent from the majority’s opinion as I believe the record contains sufficient evidence, when construed in a light most favorable to plaintiff, upon which a reasonable jury could conclude that defendant is liable to plaintiff.

The summary judgment procedure’s purpose is to determine if there are any genuine issues of triable fact. (Kobus v. Formfit Co. (1966), 35 Ill. 2d 533, 538, 221 N.E.2d 633.) “While use of the summary judgment procedure is to be encouraged as an aid in the expeditious disposition of a lawsuit [citation], it is a…