Negligence Claim – Summary Adjudication

By: Derek Hawkins//September 15, 2020//

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7^th Circuit Court of Appeals

Case Name: Moses Perez, et al., v. K & B Transportation, Inc., et al.,

Case No.: 19-2984

Officials: EASTERBROOK, HAMILTON, and SCUDDER, Circuit Judges.

Focus: Negligence Claim – Summary Adjudication

Plaintiff Moses Perez was driving a sport‐utility vehicle when he apparently hit a patch of ice, lost control, and was then hit from behind by defendant Kiara Wharton driving a tractor‐trailer. After excluding Perez’s expert witnesses on accidents and truck‐driving, the district court granted summary judgment for Wharton and her employer, K & B Transportation, Inc. We conclude that this classic negligence case was inappropriate for summary adjudication. Under Illinois law, a reasonable jury could infer that Wharton was driving negligently based on the evidence that she rear‐ended Perez and that she was driving too fast for the weather conditions. We reverse and remand for trial.

Reversed and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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