COVINGTON v. ILLINOIS SEC. SERV., INC., 01-1119
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.
- Decided 10/22/2001
- Published 10/22/2001
- FLAUM, Chief Judge., Before FLAUM, Chief Judge, and POSNER, and RIPPLE, Circuit Judges.
- United States Seventh Circuit
- 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.