¶1dissenting.
¶2I do not agree with the reasons stated nor the conclusion arrived at in the majority opinion. While the record may have justified a remandment for new trial I do not believe that a direction to enter judgment in favor of defendant is justified on the basis of the record. The majority opinion is predicated entirely on the premise that the only issue to be determined is whether or not there was a natural or unnatural accumulation of ice or snow on the area where plaintiff Thomas Newcomm fell. Implicit in the conclusion in the majority opinion is the contention that insufficient illumination or inadequate lighting could not constitute negligence. This conclusion is not only inconsistent with precedents in this State but is actually inconsistent with the theory upon which the case was tried, i.e. that the illumination was inadequate to protect a customer in crossing the area where plaintiff fell. The contention was made that there was no lighting in the specific area where plaintiff fell. It is obvious that if there was no lighting in the area and there was no snow issue involved, the jury would never have the right to determine whether or not the conditions which existed there were of such character as to justify a recovery by plaintiff by reason of the failure to illuminate the area. This is particularly significant in commercial enterprises. Geraghty v. Burr Oak Lanes, Inc. 5 Ill.2d 153 162,125 N.E.2d 47.
¶3The fact that there had been a snow and that there was no lighting in the area does not, I believe, insulate as against any finding by a jury that inadequate illumination could constitute negligence and be a causative factor in the injury which resulted. Accordingly, I believe that the reversal and direction to vacate the judgment without remandment for new trial is not justified by the record or by precedents.