When is circumstantial evidence sufficient to create a question of fact as to proximate cause?
When the inferences reasonably drawn from the circumstances lead to only one probable (as opposed to possible) conclusion.
In Majetich v. P.T. Ferro Construction Company, the defendants were charged with negligently reconstructing a parking lot, which alleged caused Edythe Majetich to fall and sustain injuries that led to her death.
P.T. Ferro was in the process of resurfacing the parking lot at the Town and CountryPlaza in Joliet, Illinois. The old pavement had been removed, but the parking lot had not yet been repaved.
Edythe Majetich, who was approximately 89 years old at the time, fell while attempting to step up from the parking lot to the cement sidewalk in front of the plaza stores. She sustained injuries to her head and died 11 days later.
Allegedly, the step up from the parking lot onto the sidewalk was one-to-two feet in height where a handicapped ramp was previously located. There were no eyewitnesses to the fall. However, after the fall, several workers from the adjacent stores came to Ms. Majetich’s aid. The store workers provided testimony based on their observations and conversations with Ms. Majetich after the fall. Ms. Majetich reportedly stated that the step was too big. Further, she stated that she was reaching for a pole to help herself up the step when she fell. Significantly however, Edythe Majetich did not tell anyone what actually caused her to fall.
The decedent’s physicians testified that she suffered from transient ischemic attacks, which involve blurred vision and dizziness. Additionally, the decedent suffered from macular degeneration, which causes progressive vision loss. Furthermore, Ms. Majetich’s ability to walk was impaired by arthritis. Two years prior to her accident, Ms. Majetich was seen by a neurologist for tremors in her head and hands. Ms. Majetich reported a history of falling and difficulties with balance to the neurologist.
The defendants (contractor and premises owner) moved for summary judgment claiming that the plaintiff could not establish the proximate cause of decedent’s fall. The trial court granted the motions and the plaintiff appealed.
Appreciably, a plaintiff need only present some evidence creating a genuine issue of fact to defeat a motion for summary judgment. Accordingly, the plaintiff argued that the circumstantial evidence was sufficient to raise a question of fact respecting the cause of the decedent’s injuries/death (i.e. creating and maintaining a dangerous condition). As support, the plaintiff cited the statements made by the decedent to the store workers that she fell while attempting to step up onto the sidewalk where a handicapped ramp was previously located.
The Appellate Court held that the evidence failed to establish causation. Majetich v. P.T. Ferro Construction Co., No. 3-08-0104, p. 16 (April 1, 2009). The court explained that in order to defeat a motion for summary judgment, circumstantial evidence must make the conclusion more probable rather than merely possible. Id. at 10. The court concluded that the decedent’s post-fall statements provide only circumstantial evidence that the defendants’ negligence was a possible cause as opposed to a probable cause of the accident. Id. at 11. In its reasoning, the court noted the considerable evidence concerning the decedent’s prior medical conditions, including tremors, macular degeneration and history of falling. Id. at 15. Furthermore, while circumstantial evidence may be sufficient when an inference may be reasonably drawn from it, a proper inference cannot be based on speculation as to what possibly caused the injury. Id. As explained by the court, the evidence only establishes that Ms. Majetich (1) noticed a high step, (2) reached for a pole, and (3) fell. Id. Such evidence is insufficient to rule out countless other possible reasons people fall. Id. at 15-16.
The Majetich decision illustrates how important affirmative evidence concerning proximate causation is to a plaintiff. Circumstantial evidence alone cannot establish proximate causation where more than one conclusion can be drawn from the circumstances.
