Breach of Duty In In Negligence Action In Illinois
In an action alleging negligence, Claimant must establish the existence of a duty, a breach of that duty and an injury proximately resulting from the breach of that duty. (Horrell v. City of Chicago (1986), 145 Ill. App. 3d 428, 495 N.E.2d 1259, 99 Ill. Dec. 524Z).
a party is entitled to summary judgment when there is no genuine issue of material fact and the pleadings, depositions, affidavits and other documents show that the movant is entitled to summary judgment as a matter of law. (Tunk v. Village of Willow Springs (1983), 120 Ill. App. 3d 800, 458 N.E.2d 1132, 76 Ill. Dec. 478).
In addition, although claimants at the time of the respondent's motion for summary judgment are not required to prove their case, they are required to present some factual basis that would entitle them to some judgment under applicable law. Kimbrough v. Jewel Cos. (1981), 92 Ill. App. 3d 813, 416 N.E.2d 328, 48 Ill. Dec. 297.
Liability cannot be predicated upon surmise or conjecture as to the cause of liability. (Zonta v. Village of Bensenville (1988), 167 Ill. App. 3d 354, 521 N.E.2d 274, 118 Ill. Dec. 206; Monaghan v. Dipaulo Construction Co. (1986), 140 Ill. App. 3d 921, 923, 489 N.E.2d 409, 95 Ill. Dec. 188; Vance v. Lucky Stores, Inc. (1985), 134 Ill. App. 3d 166, 168, 480 N.E.2d 167, 89 Ill. Dec. 281.)