Joe Postel wins an appeal involving application of the Dead Man’s Act.
The Illinois Appellate Court recently affirmed summary judgment in favor of an elderly homeowner in a bodily injury suit by a paid caretaker who claimed she slipped and fell in the insured’s garage as they were both getting out of the insured’s car. While the suit was pending, the homeowner passed away. LPRP moved for summary judgment based on the Dead Man’s Act, arguing that the Act bars the testimony of a plaintiff as to any occurrence taking place in the presence of the deceased, and no other witness could testify as to how the accident happened. Lake County Judge Mitchell Hoffman granted LPRP’s motion, and the Appellate Court affirmed. Spencer v. Wayne, 2017 IL App (2d) 160801.