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GROTE v. ESTATE OF FRANKLIN

No. 2-90-1015.

573 N.E.2d 360 (1991)

214 Ill. App.3d 261

157 Ill.Dec. 942

Diana GROTE, Plaintiff-Appellant, v. ESTATE OF Margaret FRANKLIN, Defendant-Appellee.

Appellate Court of Illinois, Second District.

June 5, 1991.

Attorney(s) appearing for the Case

Robert M. Foote, Craig S. Mielke (argued), Murphy, Hupp, Foote, Mielke & Kinnally, Aurora, Ill., for Diana Grote.

John R. Wienold (argued), Michael C. O'Neill, Law Offices of John R. Wienold, Ltd., Aurora, Ill., for Estate of Margaret Franklin.

Justice INGLIS delivered the opinion of the court:

Plaintiff, Diana E. Grote, filed a complaint against defendant, the estate of Margaret S. Franklin, alleging that Margaret (the decedent) negligently operated her motor vehicle, causing the decedent to cross the center line and hit plaintiff's vehicle head-on. Defendant filed an affirmative defense alleging that an "Act of God" was the sole or proximate cause of the accident. Defendant then moved for summary judgment...

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