By: Derek Hawkins//February 8, 2016//
7th Circuit Court of Appeals
Case Name: Kyle Carson v. All Erection & Crane Rental Corporation
Case No.: 14-3243
Officials: EASTERBROOK, WILLIAMS, and HAMILTON, Circuit Judges.
Focus: Personal Injury – Negligence
Appellant falls underneath crane of employer and fails to provide evidence that construction company was proximate cause of his injuries
“But the critical fact on which a jury would base that inference—how often the travel detent was used before the day of the accident—is something the jury would have no way to determine based on the record evidence. Nothing in the record speaks to that question, as Carson freely admits. Carson is entitled to have all reasonable inferences drawn in his favor, of course, for he was the non‐moving party on this issue at summary judgment. On this record, however, any inferences about how often the travel detent was used before the day of the accident would be “inferences relying on mere speculation or conjecture,” and Carson is not entitled to those. See Trade Finance Partners, LLC v. AAR Corp., 573 F.3d 401, 407 (7th Cir. 2009).”
Affirmed