United States Seventh Circuit

Where the plaintiff's affidavit creates a material factual dispute over his alleged negligence, the district court should permit the parties to engage in discovery before converting a motion to dismiss into one for summary judgment.

Appellate Information

• Decided 10/22/2001
• Published 10/22/2001

Judges

• FLAUM, Chief Judge., Before FLAUM, Chief Judge, and POSNER, and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Donald G. Weiland (argued), Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Sheryl C. Allenson, Audrey J. Folloder (argued), Fagelhaber, Chicago, IL, for Defendant-Appellee.