Garland v. Sybaris Clubs International, Inc.

Illinois Appellate Court
Civil Court
Negligence
Citation
Case Number: 
2019 IL App (1st) 180682
Decision Date: 
Wednesday, August 28, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div,
Holding: 
Affirmed.
Justice: 
FITZGERALD SMITH

A Cessna airplane crashed during landing at Palwaukee Airport, killing the 4 persons onboard.Court properly granted summary judgment for all Defendants. As to claim for negligent entrustment, Plaintiff's expert's affidavit fails to identify some act or omission that pilot did or failed to do that caused plane to stall and crash, and thus opinion was properly stricken as speculative. Evidence establishes no causal nexus between crash and any of the specific reasons that Plaintiffs' experts contend pilot was incompetent or inexperienced so as to prevent the Defendants' entrustment of the plane to him. Proving negligence or pilot error is not sufficient to establish negligent entrustment. Res ipsa loquitur doctrine is inapplicable.(HOWSE and ELLIS, concurring.)