McIlroy v. Gibson's Apple OrchardAnnotate this Case
Plaintiff was seriously injured at an intersection when he lost control of his motorcycle as he was attempting to avoid a vehicle driven by former defendant Charlotte Small. At issue was whether there was prima facie evidence that the location of a sign advertising Gibson's Apple Orchard at the intersection required Small to either pull into Plaintiff's lane of traffic to see around the sign or maneuver her car in a way that made Plaintiff believe she was pulling into his lane of traffic. The superior court entered a summary judgment in favor of Gibson's, concluding that a jury would have to engage in speculation to find that the sign proximately caused Plaintiff's accident. The Supreme Court vacated the judgment of the superior court, holding that a jury could rationally find that the sign proximately caused the accident. Remanded.