BURKE V. SCHAFFNER
683 N.E.2d 861 (1996)
NATURE OF THE CASE: Burke (P) appealed an order, which entered judgment in favor of
Schaffner (D), passenger, on P's claim that he was injured when the passenger stepped on the
accelerator of a truck.
FACTS: P sued D when P was struck by a pickup truck driven by Martin Malone. P settled
with Malone. The accident occurred during a party held for police officers. The pickup truck
accelerated suddenly, causing P to be pinned between it and a parked car. P alleged that D,
who was seated directly beside the driver, negligently stepped on the accelerator as she
moved over on the front seat to make room for two other passengers getting into the truck. P
filed a motion for summary judgment. Appended to the motion was an affidavit in which she
stated, 'at no time while I was in the vehicle did my foot hit the accelerator ***.' P
relied upon deposition testimony of Mr. Malone, which included his denial of fault and
resulting conclusion that P must have stepped on the accelerator. The trial court denied the
motion. The defense rested and called no witnesses at trial. The jury gave the verdict to D.
P appealed. P contends that the doctrine of alternative liability mandates a finding that
since D did not testify or otherwise present evidence, she failed to satisfy her burden to
prove that she was not negligent.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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