Legal Opinion · Dissent

Murphy v. General Motors Corp.

Appellate Court of Illinois

Decided October 18, 1996No. 1-95-1411Published

1Dissent

PRESIDING JUSTICE ZWICK,

dissenting:.

I respectfully disagree with the majority’s conclusion that the trial court improperly entered summary judgment in favor of defendant Palos Auto. In my view, it was required.

To defeat the motion for summary judgment, plaintiffs were obligated to present evidentiary facts establishing a reasonable certainty that the actions of Palos Auto caused the injury. See Bellerive v. Hilton Hotels Corp., 245 Ill. App. 3d 933, 936, 615 N.E.2d 858 (1993); Chmielewski v. Kahlfeldt, 237 Ill. App. 3d 129, 137, 606 N.E.2d 641 (1992). The plaintiffs in the instant case must…

2Cases cited10 opinions

  1. Fooden v. Board of GovernorsIllinois Supreme Court · 1971
  2. Boyd v. Travelers InsuranceIllinois Supreme Court · 1995
  3. Shramek v. General Motors Corp.Appellate Court of Illinois · 1966
  4. Ralston v. CasanovaAppellate Court of Illinois · 1984
  5. Mielke v. Condell Memorial HospitalAppellate Court of Illinois · 1984

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