Wieneke v. Weitekamp

I concur in the majority’s disposition of plaintiff’s claim against Bernard Weitekamp, but dissent from its affirmance of the circuit court’s judgment in favor of Nokomis Township and Montgomery County. The circuit court entered summary judgment for Nokomis Township on the theory that plaintiff had failed to offer sufficient evidence to “tip the scales” in favor of his theory of recovery. As this court recently held, however, a hearing on a summary judgment motion is not a minitrial. The party opposing the motion is not required to try its case at that time. (Hall v. Stamm (1991), 208 Ill.…