prepare a memorandum for your boss applying the decision in Rowe 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:

Your firm represents Ak Wahlung. Ak is a 30-year-old man who lives at 29 S. Morgan, Chicago, Illinois.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 instead of taking a taxi. 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.However, the City of Chicago was doing a lot of work on Morgan Street. Both Ak and Lokam remember seeing the City's Streets and Sanitation trucks constantly in the area working on the street on a daily basis.Additionally, Ak remembers seeing trucks from the gas company also doing work in the area on the gas lines in the area.This will be corroborated at trial by Ak's friend/roommate Thik Asabrik.

None of Ak's friends or acquaintances from the neighborhood recalls any other utility trucks in the area or seeing another utility company working in the area. One of Ak's neighbors, Velvet Green told him that on November 26, 2020, that 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 as they were walking their dog, Whistler. Velvet stated that this manplaced the beam down near the place that Ak specifically fell.

During the course of 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 of time 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. [That employee, Ben Ebull was in the area over a one day period and abruptly left the scene because he did not want to be late for the Bulls/Lakers game that he had tickets for that evening.]

The gas company then filed a Motion for Summary Judgment claiming that SOLELY as a result of the electric company's admission, there can be no genuine issue of material fact that they did not own the beam and therefore cannot be deemed liable to Ak Wahlung.