Gina Marino-Kalish v. Menard, Inc.

Summary

The United States District Court for the Northern District of Illinois granted Menard, Inc.’s motion for summary judgment in a negligence action arising from pruning sets falling on the plaintiff in a Menard store. The court held that the plaintiff presented no evidence establishing proximate causation or that Menard had actual or constructive knowledge of a dangerous condition.

Holdings

1. The plaintiff cannot withstand summary judgment on an Illinois negligence claim without evidence establishing with reasonable certainty that the defendant's act or omission caused the injury; speculation, guess, or conjecture is insufficient.
2. An Illinois premises-liability plaintiff must present evidence that the defendant had actual or constructive knowledge of the dangerous or defective condition; absent such evidence, the claim cannot proceed to a jury.
3. Menard was entitled to summary judgment because Marino-Kalish identified no evidence from which a reasonable jury could find that Menard caused her injury or knew or should have known of a dangerous condition.

Questions Presented

1. Whether the evidence created a genuine dispute of material fact that Menard breached its duty to maintain its premises in a reasonably safe condition.
2. Whether the evidence created a genuine dispute of material fact that Menard's act or omission proximately caused Marino-Kalish's injury.
3. Whether Marino-Kalish could proceed under an Illinois premises-liability theory without evidence that Menard had actual or constructive knowledge of a dangerous condition.
4. Whether Menard was entitled to summary judgment under Federal Rule of Civil Procedure 56.

Disposition

other