Deliberto v. Stahelin

Plaintiff, Michael J. Deliberto, appeals from a summary judgment entered in favor of defendants, Leland Stahelin and Eagle Lawn Sprinkler Systems (Eagle). Plaintiff contends that the trial court erred in granting summary judgment because genuine issues of material fact raised by the parties had not been resolved. We reverse.

At about 11:30 on the evening of September 13, 1984, plaintiff was a passenger in the front seat of a car driven by Robert Cunningham, and Scott Smykowski was a passenger in the backseat. The weather was clear and the roads were dry. Cunningham drove west on Du Page…