Question
i need to make a memorandum for my boss applying the decision in Rowe v. State bank to help him/her respond to a Motion for
i need to make a memorandum for my boss applying the decision in Rowe v. State bank to help him/her respond to a Motion for Summary Judgment filed by the Defendant seeking its dismissal from the case relative to the following factual situation:
We represent Ak Wahlung in a case concerning injuries sustained due to a hazardous condition on a sidewalk. . On November 27, 2020, Ak and his friend Lokam Otivebreth went to see a Jethro Tull concert at the United Center. After the concert, Ak and Lokam decided to walk home. They walked east from the United Center down Madison Street toward Morgan. After they turned the corner to walk south on Morgan, Ak tripped over a beam that was left lying in the middle of the sidewalk. There was absolutely no marking on the beam to indicate ownership of the beam. Ak remembers seeing trucks from the gas company also doing work in the area on the gas lines in the area. One of Ak's neighbors, Velvet Green told him that on November 26, 2020, she and her husband Jack N. Green, saw a man wearing a Gas company uniform holding a beam in his hand about 15 feet south of Madison Street. During the lawsuit, the gas company filed a third-party complaint (counterclaim) against the electric company based upon a gas company employee's recollection that there was an electric company truck in the area for a short period on November 26, 2020. The gas company issued interrogatories to the electric company asking about its ownership of the beam in question. In its Answers to Interrogatories, the electric company admitted that it owned the beam and that an employee of the electric company had dropped the beam on the sidewalk. The defendant gas company has filed a Motion for Summary Judgment based on the admission of ownership of the hazardous object by a co-defendant, the electric company.
ISSUE: Whether the gas company can rely solely on the electric company's admission in its Answers to Interrogatories as the sole basis to obtain summary judgment?
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