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Case of another fall victim summarily dismissed prior to trial

Timothy Shurtz sued U-Haul after he fell and suffered injury in the U-Haul lot while picking up a rental.  Shurtz pulled together various items of circumstantial evidence tending to corroborate that he likely fell on ice that had accumulated on the lot, however, he admitted that he never actually saw ice in the "slippery area" where he fell.  Although weather conditions were conducive to ice formation and his clothing was wet, he could not exclude other causes for the slippery condition.

The Court ruled that since Shurtz could only document a "likely" cause of his fall, but could not exclude other potential causes, he wasn't entitled to take his claim to the jury. While his circumstantial evidence created an "entirely plausible explanation" of his fall, he could not establish that it was "more than guesswork."

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