Benner v. Bell

Plaintiffs brought this action to recover damages allegedly occasioned by defendant Schrock’s operation of his horse-drawn buggy. The circuit court of Moultrie County entered summary judgment in favor of Schrock. Plaintiffs appeal, arguing that Schrock’s failure to illuminate his buggy was a proximate cause of their injuries. We affirm.

The facts are, unless indicated, agreed upon by the parties. About 6 p.m. on February 3, 1989, plaintiffs Jill Benner, her sons Eric and Justin, and Cara Burwell were southbound on the Arthur-Atwood Road, approximately 2V2 miles north of Arthur, Illinois.…