Billman v. Frenzel Construction Company

In Billman v. Frenzel Construction Company (1993), 262 Ill. App. 3d 681, 635 N.E.2d 435, 200 Ill. Dec. 96, an intersection and signage defect case, the Appellate Court affirmed the granting of summary judgment in defendant's favor. (Billman, 262 Ill. App. 3d at 688.) The Billman Court determined that, since it was undisputed that the driver that struck the decedent was driving under the influence at the time of the accident, such negligent driving broke the chain of causation between alleged defects in the intersection and the resulting injuries. (Id. at 687.) The Court reasoned that, if the duty of the defendant was based on a lack of, or defect in, signage, the plaintiff must offer some evidence that the intoxicated driver was confused by the signage (or lack thereof). (Id.) The Court concluded that where neither scenario (intoxication or defect in signage) could be inferred with a degree of certainty, and speculation would be required, causation cannot be a triable issue of fact and summary judgment is proper. Id.